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Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....ise the prospective consumers of electricity into formal and informal groups such as Palli Biddut Samities, electric and other co-operatives societies, associations and companies for the purpose of execution and management of the scheme and providing related services, to make offer from the Bangla......kmen are employed for the purpose of carrying on any industry. Under section 2(m) of the Shops and Establishments Act, 1965, the expression Shop means any premises used wholly or in part for the wholesale or retail sale of the commodities or articles either for cash or credit or where services are r......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....eposing on the basis of the papers and records but he has not produced any letter to show that under instruction of Head office money in question was transferred and he was not present at the time of execution of the guarantee form and he did not know the signature of the person who executed the sam......81. The plaintiff had also to pay a sum of Tk. 1,578.00 as wharf rent due to delay in clearing the goods from Chittagong Port. Plaintiff further alleged that he also entered into contract for forward sale of the said goods to one Ruhul Amin of M/s. National Trading. Dhaka but due to failure of the p......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....holder petitioner Tripura Modern Bank Ltd., in liquidation against order dated 22.8.85 passed by the Subordinate Judge, 1st Court, Chittagong in Money Execution Case No. 67 1968 striking out the said execution case. 2. It appears that the said Money Execution Case No. 67 of 1968 was filed by the ......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......l facts; that the purchaser company vested in the Government of Bangladesh as abandoned property having been put into possession of the suit properties in part performance of the written contract for sale dated 29.11.1969 the plaintiff is debarred under section 53A of the Transfer of Property Act fr......pertaining to plot Nos. 151 and 157 of Tejgaon Industrial Area, Dhaka. 3. The case of the plaintiff, inter alia, was that he acquired the suit land from the then Government of East Bengal by lease deed execute a on 25.1.56 and registered on 22.3.56; that after getting possession therein the plain..Category: Property Law | Date: | Hits: 69
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....h and others, 41 DLR 538. 10. The Rule 7 of the Administrative Tribunal Rules, 1982 runs as follows: "7. Execution of decisions and orders of a Tribunal.‑ A Tribunal shall, for the purpose of execution of its decisions or orders, follow, as far as practicable, the provisions of the Code of C......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......ars commencing from the 30th day of October, 1962 and pursuant to that agreement and for consideration of Tk. 8,154/‑ paid in full by the plaintiff, the defendant No. 1 executed a proper conveyance deed under caption "Standard lease agreement for land" executed on the 21st March, 1968 which was re..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233....... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......ldings. 8. The petitioner, an alleged transferee of the abandoned property, alleged to have obtained a kabala from the alleged owners on 18.02.1999. The High Court Division has found that the said deed is absolutely mala fide and void as it is contrary to the provisions of Article 6 of P.O. No. 1..Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......ring for the respondent Nos.1 and 2 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. It appears that in the instant suit the sale certificate exhibit-2 was admitted into evidence without any objection and the High Court Div......uction purchasers used to believe him and they all used to pay rents through Abdul Jabbar. The defendant Nos.14 and 15 are the full brothers of Abdul Jabbar. The defendant Nos. 14 and 15 created some deeds without any consideration money in collusion with others and started a case under Section 23 o..Category: Property Law | Date: | Hits: 69
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......f facts. 2. One al‑haj Mohammad Ashraf Ali was the owner of certain premises. The petitioner came to occupy the same as a tenant under him at a monthly rental of Taka 1200.00. Under a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali transferred..Category: Property Law | Date: | Hits: 78
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......h of them and convicted thereunder and sentenced to suffer imprisonment for life and to pay a fine of Taka 1000/‑, in default, the property of each appellant was ordered to be attached and sold and sale proceeds to be paid to the informant Omar Ali. 2. Prosecution case, in short, is that there ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......as also been stated that the entire BTTB has been converted to BTCL with all existing rules and service conditions until so determined by the Government of which has been described in clause 3 of the deed of agreement between BTCL and BTTB and as such the rule may be discharged. 22. In this rega..Category: Constitutional Law | Date: | Hits: 145
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
.... petitioners as defendant Nos. 2 and 3 for specific performance of a contract of sale of the suit property. She stated in her plaint that she had gone into possession over the suit property after the execution of the bainapatra dated 25.2.87 by the defendant No.1 in her favour by putting her signatu......dated 6.10.90 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting an application for examination and report of the LTI of defendant No.1 Nihar Bala appearing on two sale‑deeds 29.6.88 executed and registered by her in favour of the defendant‑petitioner along wi.......10.90 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting an application for examination and report of the LTI of defendant No.1 Nihar Bala appearing on two sale‑deeds 29.6.88 executed and registered by her in favour of the defendant‑petitioner along with some..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....and Lakshmi Bala Debi and while in possession they defaulted in payment of rents. Hence the landlord instituted a suit against them and obtained a rent decree in 1949 and the said decree was put into execution in Execution Case No.22 of 1950 and ultimately the suit holding was auction sold in execut......n in Execution Case No.22 of 1950 and ultimately the suit holding was auction sold in execution of the decree to one Azmat Ali, father of pro‑defendant opposite party No.2 on 14.3.1950 and the said sale was confirmed on 5.5.50 and the auction purchaser took delivery of possession of the suit holdi...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..Category: Procedural Law | Date: | Hits: 94
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ...... briefly be stated as follows: The plaintiff‑petitioner instituted a suit being Title Suit No.42 of 1988 in the Court of the Subordinate Judge, Rajbari for specific performance of a contract for sale of the schedule property against the defendants opposite parties on the allegations, inter alia......of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and ..Category: Procedural Law | Date: | Hits: 76
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
.... for sale of landed property is decreed on the failure of the defendant to amicably execute and register the sale deed and deliver possession the Court is to do the same on behalf of the defendant in execution of the decree for specific performance of contract and when there is dispute of title over...... directed against the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendant Nos. 2 and 4 have no right, title and i......area of 10(ten) kathas, 1(one) chatak, 27 (twenty seven) Sft. was leased out by the defendant No. 5, Dhaka Improvement Trust to Vikrampur Jahangir Metal Works of 7, BK Das Road, Dhaka by a registered deed of lease dated 13.12.67 for 99 years; that the said Vikrampur Jahangir Metal Works with permiss..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....ithin 2(two) months from the date of filing thereof. The respondent thereafter filed Family Execution Case No.77 of 2009 before the Court of 5th Additional Assistant Judge and Family Court, Dhaka for execution of the judgment and decree dated 11.07.2007 passed in Family Suit No.484 of 2005. The peti......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ars with effect from 1411 BS. The authority granted lease for an area measuring 137.06 acres for a period of five years at 30% enhanced rent. The writ-petitioner paid all the due monies and the lease deed was executed for the period 1411-1415 BS and possession was handed over on 27.06.2004. The writ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....executing a bainapatra, on payment of Tk.15,00,000/-. The price of the property was agreed at Tk. 65,00,000/-. The sale deed was to be executed and registered within 6(six) months from the date of execution of the bainapatra. As the property was mortgaged with Bangladesh House Building Finance ......defendant No.1 to purchase the property detailed in the schedule to the plaint by executing a bainapatra, on payment of Tk.15,00,000/-. The price of the property was agreed at Tk. 65,00,000/-. The sale deed was to be executed and registered within 6(six) months from the date of execution of the ......dant No.1 to purchase the property detailed in the schedule to the plaint by executing a bainapatra, on payment of Tk.15,00,000/-. The price of the property was agreed at Tk. 65,00,000/-. The sale deed was to be executed and registered within 6(six) months from the date of execution of the baina..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......acts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the lessee violated the terms of lease, the deed was cancelled and the Government took possession of the 'Ka' schedule property and thereafter i..Category: Property Law | Date: | Hits: 93
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......ments. The defence case is as follows: 7. The defendants are permanent residents of Kawkhali in the District of Barisal. They purchased a property at Amrajuri Mouza of Kawkhali PS in a certificate sale and they got possession of a portion of the said property, while the remaining portion was unde......have stated that the plaintiff is moving heaven and earth against them and their relations and are trying to stop their movements towards Dhaka so that their cases go uncared for. This statement is indeed very vague and the defendants could not adduce any evidence to show that there is any basis for..Category: Civil Law | Date: | Hits: 89
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