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Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ...... Syed Amirul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. Civil Petition for Leave to Appeal No. 467 of 2008. (From the judgment and order dated 05.12.2007 passed by the High ......No. 55921 in which 4.81 acres of land was auction purchased by one Abdul Ahad and Ismail Miah and took delivery of possession. Subsequently the aforesaid Ismial Miah and Abdul Ahad propose to sell the entire land to Abdul Mannan, predecessor-in-interest of defendant Nos. 1-10 for an amount ..Category: Property Law | Date: | Hits: 25
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....the name of the petitioner No.1 as managing Director of the hotel. The petitioners took the house on rental basis from the respondent No. 4 under certain terms and conditions as stated in the agreement for running hotel business. Petitioner No.1 signed the said agreement as the Managing Dir......d another..............................Petitioners Vs. Dhaka City Corporation, represented by its Mayor, Nagar Bhaban, Dhaka and others. ....Respondents Judgment October 22, 2008. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Md. T......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ..Category: Business or Commercial Law | Date: | Hits: 169
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....thout any discrimination against the interest of the respondent Nos.1 and 2 and in accordance with the memorandum and articles of association and following the provisions of the shareholders' agreement dated 18.10.2000, (ii) further to direct the petitioner not to shift marketing office of ......ocate (Appeared with the leave of the court) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.1691 of 2008. (From the judgment and order dated 18.06.2008 passed by the High ...... direct the petitioner not to shift marketing office of the respondent No.3 company from its present address i.e. 29. Showrawardin Avenue, Block # K, Baridhara Model town, Dhaka-1212, (iii) not to sell any cement or any property of the respondent No.3 company without following of associatio..Category: Business or Commercial Law | Date: | Hits: 193
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....oney and that possession of land was handed over to the plaintiff-petitioners on the same day where the plaintiff-petitioners are living with their families. It was provided in the said agreement that on receipt of balance consideration the defendant No.12-14 would ...... Judgment January 15, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of August, 2007 pa......ka, belonged to Rambramhan Tior and Ram Doyal Tior in equal share and their names were recorded in C.S. record; That on their death the defendant No.12-14 inherited their properties and proposed to sell 18 decimals out of the land and that the plaintiffs had agreed to purchase the same at highest..Category: Property Law | Date: | Hits: 25
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
...., are that the petitioner files the above Case No.168 of 2001 for release of the above house from the Ka List stating that initially she had been in possession thereof on the strength of a written agreement for sale dated 19.06.1970 with Abdul Hamid Khan Qamar who purchased the said property fro...... A. K. M. Mesbahuddin, Senior Advocate with Mohsen Rashid, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 886 of 2007. (From the judgment and order dated 09.05.2007 passed by the High ......ere 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) 551. ..Category: Property Law | Date: | Hits: 26
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....the defendants without doing so illegally pressed the plaintiff to pay off Tk. 21, 16,048/-as licence fees. The plaintiff claimed for the payment of bills for breakfast as per the schedule rate of agreement but the defendants refused to pay the same. All on a sudden the defendant No.3 cance......r Rahman, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 381 of 2007. (From the judgment and order dated 18.10.2006 passed by the High ......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..Category: Civil Law | Date: | Hits: 150
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....fendant No.1 agreed to purchase the same at a consideration of Tk. 5991/- and then the plaintiff executed a sale deed on 20.2.1974 and on the same date the defendant No.1 also executed an agreement of re-conveyance the suit land in favour of the plaintiff and accordingly the plaintiff ......Sufia Khatun, Advocate-on-Record-For the Petitioner Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed by the High......nveying by the defendants the suit land in his favour on the averments that he was owner of the suit land by way of jote right and while in possession and enjoyment of the suit land he proposed to sell the same and the defendant No.1 agreed to purchase the same at a consideration of Tk. 599..Category: Procedural Law | Date: | Hits: 66
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
.... the disputed fishery requested appellant No.1 to adjust the rent of 1395 B.S. against the rent paid for 1392 B.S. but appellant No.1 refused to accede to the request and refused to enter into agreement for 1396 to 1398 B.S. In this situation respondent No.1 filed Writ Petition No.162.............Appellants Vs. Pirpur Fishermen's Co-operative Society Limited........Respondent Judgment August18, 2008. Lawyers Involved: Nahida Yeasmin, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. Ma......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..Category: Civil Law | Date: | Hits: 101
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....proved under Section 91. 13. Section 92 of the Evidence Act provides that when a document described in Section 91 has been proved according to Section 91, "no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their re......the Judgment and Order dated 8.4.96 passed by the High Court Division in Civil Revision No. 863 of 1994.) Judgment AM Mahmudur Rahman J.- This appeal by leave at the instance of preemptor appellant Tambia Khatun a against the Judgment and order passed by the High Court Division on ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..Category: Property Law | Date: | Hits: 66
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....Subsequently the plaintiff needed more money and wanted to sell his entire 1.41 acres of land to defendant No. 1 at a total consideration of Tk. 34,000/-. Defendant No. 1 agreed and as per the new agreement the plaintiff executed a deed of sale on 27-2-79 in favour of defendant No. 2 in respect ......cate-on-Record - For the appellants Md. Nawab Ali, Advocate-on-Record (absent) - For respondent No. 1 (ii). Md. Aftab Hossain, Advocate-on-Record - For respondent Nos. 1 (i), 1(iii) to 1 (xiv). Civil Appeal No. 1 of 1996 (From the Judgment and Order dated 29-6-94 pas......use of the plaintiff's father as Jaygir only for one year in 1948 when he was a student of Madrasha. At that time the plaintiff was only 8/9 years old. In 1978 the plaintiff expressed his desire to sell some property and entered into a contract with him for sale of .82 acres of land for a con&sh..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and s......ry J Munshi Md. Rashed Kamal.............Appellant Vs. Abdus Salam and another................Respondents Judgment January 10, 2005. Case Referred to- Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another 9 MLR (AD) 299. Lawyers I...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ..Category: Criminal Law | Date: | Hits: 42
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......d Nawab Ali, Advocate-on-Record-For the petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed by the Hi......ter became sharer of the suit property and his wife would look after the property on her behalf and on behalf of her minor son and daughter. The plaintiff-petitioner's mother did not sell the suit property but defendant-respondent created a forged document which his mother di..Category: Property Law | Date: | Hits: 30
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......, by leave, is directed against the judgment and order dated 12.12.2000 passed by the High Court Division in Civil Revision No.3067 of 2000 disposing of the Rule giving direction upon the appellant to take immediate steps to release two double Decker buses on payment of all duties and taxes and to......sion in Civil Revision No.3067 of 2000 disposing of the Rule giving direction upon the appellant to take immediate steps to release two double Decker buses on payment of all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00 in fixed deposit to the credit of the ..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....overy of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the suit land comprising 36 decimals belonged to the defendant No. 12 who entered into an agreement with the plaintiff No.1 to sell the suit land on 8.1.1987 at a consideration of Tk. ......ara Begum and others…………………………..Petitioners Vs. M.A. Siddique and other........Respondents Judgment October 20, 2008. Lawyers Involved: A.K.M. Nazrul Islam, Senior Advocate, instructed b......ion of deeds of schedule of the plaint stating, inter alia, that the suit land comprising 36 decimals belonged to the defendant No. 12 who entered into an agreement with the plaintiff No.1 to sell the suit land on 8.1.1987 at a consideration of Tk. 60,000/- and a sum of Tk.5,000/- was paid..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ot delivery of possession on 11.04.2005; that under the cover of statue-quo order the respondent No.1 herein constantly creating disturbance for the petitioner in collecting tolls as per the lease agreement. Hence the order of status-quo passed by this court is liable to be vacated. &n...... Joynul Abedin J Md. Hassan Ameen J Md. Matiur Rahman............Respondent No. 3- Petitioner Vs. Md. Shah Alam and others........Respondents Judgment October 4, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Peti......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ..Category: Property Law | Date: | Hits: 25
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....e Government they grabbed .01 ¼ acre of land and for that reason the yearly licence/lease was cancelled by the Government and they also violated the terms and conditions of the licence/lease agreement by erecting structure thereon and also grabbing .01 ¼ acre of land beyond that cov......y Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.454 of 2007. (From the judgment and order dated 06.02.2007 passed by the High C...... 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: VI ADC (2009) 381. ..Category: Property Law | Date: | Hits: 26
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....transferred same to the plaintiff by kabala dated 19.10.87 and also delivered possession of them and thereafter the petitioner created an Ekrarnama showing that the defendant No.5 executed an agreement on the date of sale to reconvey the said land on receipt of the consideration and on the ...... Judgment July 21, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Not represented- Respondents. Civil Petition for Leave to Appeal No. 456 of 2007. (From the judgment and order dated 13.12.2006 passed by the High ......there 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) 373. ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......bul Kalam Mainuddin, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 1003 of 2007. (From the judgment and order dated 21-05-2006 passed by the High......reedom fighter. Another freedom fighter certificate has also been issued by the Ministry of Liberation War Affairs. The respondent No. 2, Chittagong Development Authority (CDA) floated a notice to sell some residential plots at the Chandgaon Residential Project (2nd phase) and the same was pub&s..Category: Property Law | Date: | Hits: 28
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....n From Bangladesh Shilpa Bank (BSB) in the name of the M/S Capri Cinema Hall (Pvt.) Ltd. They being unable to respondent No. 2 and his late father on taking loan petitioner appellant, under a written agreement dated 22nd April, 1988 and in pursuant to that agreement the appellant took over the manag...... The Appeal is allowed. Lawyers Involved: Mainul Hossain, Senior, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellant. Abdur Razaque Khan, Additional Attorney General instructed by Ahsanullah Patuary, Advocate-on-Record - For Respondent No. 1. Amir......olute upon setting aside the order dated 27th December, 1989 and the revision was sent to the Land Appeal Board. On 19th February, 1997 respondent No.2 entered into an agreement with the appellant to sell the Cinema Hall for Tk. 50,00.000/- and on receipt of Tk. 40,00,000/- executed an agreement for..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
.....3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due serv......p; Syed J. R. Mudassir Husain CJ.- This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and order date......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
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