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....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......n and the plaintiff in collusion with each other filed the present suit and created the false sale agreement. He did never execute any sale agreement in favour of the plaintiff nor did he receive any money from him.
4. During pendency of the suit, the principal defendant Surjat Ali died. After hi..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......and) only as advance at the time of execution of the sale agreement. It was stipulated that after collecting necessary papers and documents within three months and receiving the balance consideration money, defendant No.1 would execute and register a sale deed in his favour. The plaintiff on several..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....s raiyats and Ayesha Khatun as under raiyat, and Jama of Tk. 10/- fixed under the Bengal Tenancy Act remaining the same. According to Khondkar Mahbubuddin Ahmed in the S.A. Khatian prepared after the whole-sale acquisition of rent-receiving interests Rangubala Choudhurani could not be shown as a r......oprietor in the local area or estate; (f) the rent payable at time the record-of-rights is being prepared, as well as the rent determined as fair and equitable according to rules 28-30; (g) the amount payable in respect of any rights of pasturage, forest-rights, rights ever fisheries and the l......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......st Miscellaneous Appeal No. 260 of 2002 with Civil Rule No. 9 (F.M.) of 2003. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of a judgment debtor in an ex parte money decree is directed against order dated 10.7.2002 passed by the Joint District Judge, third Cou..Category: Civil Law | Date: | Hits: 119
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......he argument. For the same reason we refrain from discussing the other decision cited by the learned Counsel, namely, the case of Asaduzzaman Vs. Bangladesh, 36 DLR (AD) 108. 12. Considering the paramount consideration that there should be an end to litigation, the court is reluctant to entertain ......-1971 for sale of the suit property to the plaintiff at a consideration of taka one lac and bainapatra (Ext. 1) was executed by A Satter Solaiman on 14-10-1971 on receipt of Taka 75,000.00 as earnest money. It was stipulated that A Sattar Solaiman would execute and register the sale deed in favour o..Category: Property Law | Date: | Hits: 89
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......alf of the respondent No.1 candidly submits that the respondent No.1 took loan sanctioned on 16-4-96 for Taka 5,04,000.00 and after construction of the house for which he took loan he repaid the loan amount and applied for the second time. He took loan on 8-5-97 of Taka 4,96,000.00 from the House Bu......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ..Category: Election Law | Date: | Hits: 153
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70....... to the said defendant Santosh Kumar Paul and the said defendant was directed to execute and register the Kabala deed within 30 days from the date of receipt of notice of deposit of the above balance amount of the consideration money in Court by the plaintiff (present respondent) in default, the pla......due influence and threat. It was further alleged that the plaintiff‑appellant did not enter into any contract to sell out his suit land to the defendant‑respondent on receipt of any consideration money and if there was any such document, that must be false, fraudulent, illegal, void and without ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....s of the terminated employee. In the instant case, since the petitioner was in service he is entitled to receive back wages for the period for which he was in employment. He was in employment for the whole of the period from 09-3-1991 to 19-11-2007. However, the period for which he was absent from 0......itioner for the purchase of some wrapping machineries in the financial year 1987-1988, and in fact succeeded in getting an order to deduct the loss incurred by the Trust in purchasing the machinery amounting to Tk. 3, 09,703.46 from the monies due to the petitioner amounting to Tk. 4, 84,722. It w......iod may be deducted from the dues accruing to the petitioner. 38. On the other hand, the petitioner was unjustly saddled with the loss incurred in purchasing the wrapping machinery in 1987-88. The money deducted earlier from his dues was done so illegally. We find from the records that he could n..Category: Employment/Service Law | Date: | Hits: 156
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......ity and environment. 10. There is no gainsaying the fact that the petitioner did not violate any of the terms and conditions of the lease-agreement. It is also admitted that he paid the required amount of royalty along with VAT in favour of the authority before embarking upon stone-extraction......judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...Category: Property Law | Date: | Hits: 66
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to give the State Remuneration to the petitioners as per the amount received by them as shown in Annexure- 'C' with effect from June, 2003 and or such other or f......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... “’Tax' on the annul value of buildings and lands subject to the Rules made in thin behalf, the tax may be levied at a rate not exceeding 17% of the annual value of buildings and lands and the amount less than a rupee may be rounded off to a rupee: Provided that where the urban immovab......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......s Ltd. to pay its outstanding dues of Taka 94.02 lakh as interest free loan and petitioner's company was directed to pay Taka 23,50,500 in two installments as down payment of the said outstanding amounts and the petitioner being Director of National Cold storage Ltd. issued two cheques of Taka......s: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.— (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of t..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......Alamgir and Habibur Rahman Mollah. It is further contended that no independent offence having been disclosed against the accused-petitioner, the criminal proceeding, so far it relates to her, would amount an abuse of process of the Court; and as such it is liable to be quashed. 5. Mr. AKM Fazl...... her husband accused No.1 acquired the those properties in the name of his wife or the accused-petitioner herself acquired the same in any other way. It is also necessary to ascertain the source of money for the acquisition of those properties. 10. Thus, we find that there is allegation against..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......whether the Government of Bangladesh can completely ignore the written agreement under which the appellant entered into the possession of the property concerned on part payment of the consideration money which had been agreed to between the parties, and can oust the Bangladeshi Company from posses..Category: Property Law | Date: | Hits: 79
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
...... or any other law for the time being in force, for the control of house-rent, apply, the Deputy Commissioner shall have regard to those provisions, so that the compensation awarded may not exceed the amount of rent allowable in respect of such property under those provisions; and."
We note that t......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......ct. That the pre-emptee was a stranger to the case holding. That knowing about the case transfer the pre-emptors filed the case within the statutory period of limitation on depositing the requisite amount. 5. The pre-emptee opposite party contested that case by filing written objection. His m......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..Category: Property Law | Date: | Hits: 98
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......also present there but, inspite of the request of all, the accused compelled him to pay Tk. 33,000/- and the informant managed to save the situation by giving commitment of making payment of the rest amount within one month; that during receiving 'chanda' (subscription obtained by force) the accused......o them and also asked to keep the fact secret, otherwise the informant should face dire consequence; that subsequently whenever the law and order situation has improved the informant claimed back his money from the accused, who had then arranged to arrest him by police and subsequently he came to kn..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... Subsequently, the plaintiff agreed to purchase the suit property and an agreement for sale was executed on 4.9.2002 in between the plaintiff and the defendant. Plaintiff paid Taka 10 lacs as earnest money to the defendant, the constituted attorney of the heirs of the original allottee, Mr. Saifuddi..Category: Property Law | Date: | Hits: 85
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ...... she had no male issue; that the said Santo Kumar Kuri used to maintain her, gave treatment and took every care of her and that he also spent for the spiritual benefit of her husband by spending huge amount of money from his own fund and that even after death of her, Santo Kumar Kuri was authorised ......ed deed was a genuine one and Santa Kumar Kuri on getting possession over the said land made homestead therein and possessing the same within the very knowledge of the plaintiffs and that Armada took money many times from Santa Kumar Kuri, father of the defendant and that Armada died during the war ..Category: Civil Law | Date: | Hits: 103
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......t No.364 of 1980 against the heirs of A. Kadir which was subsequently renumbered as Title Suit No.169 of 1981, for getting the said land re-conveyed and got decree. The heirs of A. Kadir withdrew the money deposited by Nuruddin Bhuiyan from the Court. After getting return of the said land Nuruddin B..Category: Property Law | Date: | Hits: 72
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