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Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518....... staying further proceedings of the execution case before the auction sale was held, which prayer is normally made by the judgment-debtors. The order-sheet shows that the executing Court is very much interested in putting the property in auction sale despite the objection raised by the decree holder..Category: Civil Law | Date: | Hits: 90
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......t was further alleged that the suit property belonged to Afezuddin, Mominuddin and Mati Bibi and Mati Biubi transferred to son Mominddin and 2nd Husband Ainuddin and thereafter they transferred their interest in favour of predecessor of defendant number 35, Mominuddin and their names were recorded i..Category: Property Law | Date: | Hits: 72
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......he suit by denying the relationship of landlord and tenant with the plaintiff. He claims that in 1972 he entered into the premises as monthly tenant of one Parimal Bhattacherjee who later on sold his interest to Abdus Salam and others and from July 1970 he was attorned to the said Abdus Salam. 5...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......ntinued to suffer imprisonment, it is a fit and proper case in which the High Court Division should consider the case on merit also and then pass whatever order or orders it thinks appropriate in the interest of justice." If it is found that there was no legal evidence to support the conviction, ..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ...... and evidence on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a compromise petition relinquished his claim on the suit land admitting the right, title and interest and possession of the defendant thereon and that possession of the defendant in the suit la..Category: Property Law | Date: | Hits: 94
.... the High Court 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: 19 BLT (AD) (2011) 176.......ite party No.1 and the predecessor of the opposite party No.2 for Specific Performance of Contract stating, inter alia, that the suit land originally belonged to Md. Monsur Rahman, the predecessor-in-interest of the defendant Nos.1-2. At the time of purchase of the said land Monsur Rahman took an am..
Category: Property Law | Date: | Hits: 70
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......assurances have been given and in the premises they filed appeals on 27.06.2006 which have not been responded till date. The petitioners submitted that they were retired allegedly on ground of public interest. But from the recognitions given by the Government through honouring them with awards from ..Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......he defendant deliberately in order to misappropriate the money caused the financial loss amounting to Tk. 1,56,569.38 of the plaintiff-mills and the defendant is liable to refund the said amount with interest thereon. Hence, the suit. 4. The defendant appeared in the suit and filed written statem..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......ion that addition of parties is permissible in respect of the representatives and heirs of the persons relating to whom the suit had abated provided there are sufficient reasons to order that, in the interest of justice". We find that this view is clearly supported by the observation of their Lor..Category: Civil Law | Date: | Hits: 93
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......of the contract. And on such impression given to it the respondents are estopped to deny the right of the petitioner to use and occupy the land in which it had acquired "indefeasible fight, title and interest in the Drum Factory and the lands underneath the said factory." The petitioner further stat..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......total amount of Tk. 10,40,540.00 the plaintiff will get the balance of Tk.5,90,540.00 and the defendant No.1 is always willing to pay the said amount and it is denied that the defendant No.1 is never interested to pay the balance or any amount and it has been further stated in paragraph 13 of the wr..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......xhibit 2 and 3 of the plaintiff appellant were fraudulent for such and such grounds. So in a nutshell, it can be said that the plaintiff appellant petitioner Abdul Aziz has bona fide right, title and interest of the suit land. 20. Moreover, the learned Advocate for the plaintiff petitioner referr..Category: Procedural Law | Date: | Hits: 72
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ed to repay the loan. So the plaintiff Bank filed Artha Rin Suit No.182 of 2006 in the court of Subordinate Judge and Artha Rin Adalat No.2, Dhaka for recovery of an amount of Tk.5, 90, 40,000/- with interest. Subsequently, the suit was transferred to the 4th Artha Rin Adalat, (shortly, the Adalat) ..
Category: Civil Law | Date: | Hits: 147
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......ss Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 for declaration of title in the suit land and also for a declaration that the defendants have got no right, title and interest in the suit land. 3. The defendant Nos. 2 and 3 by filing joint written statement have b..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......filed an application under section 59 of the Trust Act, 1882 for appointing a permanent trustee of the trust in the Court of District Judge, Manikganj on the ground that there was no successor‑in‑interest of the trust and that the trust property under the management of Upazila Revenue Officer, S..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
...... and circumstances of the case, in ignoring the fact, the property in question vested in the Government and was subsequently transferred to the applicant, and as such, the applicant as a successor in interest to the Government was entitled to depreciation in accordance with law under section 10(2) (..
Category: Fiscal/Taxation Law | Date: | Hits: 139
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......the learned Joint District Judge has committed an error of law in rejecting the application of the petitioner for transposition of his name from the category of defendant to plaintiff inasmuch as the interests of the defendant No. 4 and the plaintiff are identical. In his written statement the defen..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......e and the pre-emptor is a co-sharer by inheritance. 20. Provisions for pre-emption under section 96 of the State Acquisition and Tenancy Act are not applicable "to a transfer to a co-sharer" whose interest in the tenancy has accrued by inheritance or otherwise than by purchase. This provision is ..Category: Property Law | Date: | Hits: 62
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......the suit and prayed for time to file written statement and the Assistant Judge on consideration of the plaint came to a finding that the plaintiff had failed to make out any case about his subsisting interest after 1396 BS in the suit fishery and there being no cause of action rejected the plaint by..
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......was decreed and an appeal being Title Appeal No.161 1911 therefrom by Fazal Kabir Khan was dismissed. During the pendency of the Title Appeal No.161 of 1911, Fazal Kabir Khan transferred his superior interest in the said 14 drones of land and khas interest in 3 drones, 11 kanis, 1 gondas and 1 kara ..Category: Property Law | Date: | Hits: 116
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