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SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....50,000 (this figure is obviously wrong because the LC says US$ 1,139,750.00 for 8000 dozens) dozens of cotton knitted Basic T Shirts. The defendant No.1, after fruitful negotiation with the plaintiff transferred part value of the said Master LC to the tune of US Dollars 745,000 to the plaintiff for ......ories. Under the law of agency the agent is paid by his principal only. He cannot be paid any commission by the opposite party, because an agent owes his contractual duty to his principal only, and indeed, the agent will be in a situation of conflict of interest and dishonesty if he receives any rem..Category: Civil Law | Date: | Hits: 164
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... neck was self-inflicted or not. But Abdur Rouf fled away from there, so he could not be examined. He prepared a sketch map of the place of occurrence with separate index. He then left the station on transfer handing over the charge of the case to Sub-Inspector Shaharom Khan. SI Abdul Wahed submitte...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....a Sarker who is the son in-law of the complainant Soya Rani Biswas. 12. The defence case is that Sreemati, San Joarder, the admitted owner of the case land by Registered Deed No.4007 dated 6-4-81 transferred the case land to Nripendra Nath Biswas and the said deed was registered on the same day ......hs to 2 years. 2. The complainant petitioner Shova Rani lodged a petition of complaint before the Sub- Divisional Officer Jhenaidah alleging therein that the accused Nripendra Nath Biswas forged a deed purportedly executed by Sreemati Santilata Joarder and got it registered through his wife accus..Category: Criminal Law | Date: | Hits: 51
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....ng in section 4, Partition Act, has been borrowed from section 44 of the Transfer of Property Act and bears the same meaning. Section 44 of the Transfer of Property Act has been designed to prevent a transferee, who is an outsider, from enforcing his way into a dwelling house in which the other memb......rther case of the plaintiff-opposite party No. 1 is that Rajanit Mohan Tahbildar sold his 1/6th share of plot No. 40 along with structure thereon to the plaintiff-opposite party No, 1 vide registered deed dated 5-10-1970. Thereafter Horipada Tahbilder, the other brother of Ranajit, sold 478 of land ..Category: Administrative Law | Date: | Hits: 210
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......one praying for calling for the documents as mentioned in Paragraph 2 of the said application and the other for giving him chance to produce as witness one Md. Nasiruddin, an attesting witness of the deed of sale in his favour executed by original owner Syed Mahmood Hasan. By the impugned order date..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....bandoned property under PO No. 16 of 1972 and has been managing the property through different tenants. Its further case is that since the property has already been declared as abandoned property any transfer of the same subsequent thereafter is void and barred under Article 6 of PO No. 16 of 1972......to a contract for purchase of the disputed property on 22nd December, 1970 with the owner Jalal Uddin Khan and made part payment out of the consideration money, but the owner did not execute the sale deed despite repeated demands in that regard. Consequently, the appellant instituted Title Suit No. ..Category: Property Law | Date: | Hits: 65
Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)
....ption Miscellaneous Case No. 21 of 1996. 2. The facts involved in the case, in short, are that the pre-emptors are the co-sharers by purchase in the disputed 'jama'. The vendor Nazrul islam Sarker transferred the disputed land to the pre-emptee on 28.05.1996 vide Ext. 4 at a consideration of TK. ...... disputed 'jama'. The vendor Nazrul islam Sarker transferred the disputed land to the pre-emptee on 28.05.1996 vide Ext. 4 at a consideration of TK. 25,000.00. The pre-emptors, knowing about the said deed dated 27.07.1996, filed the instant application on 24.08.1996. Although they are co-sharers o..Category: Property Law | Date: | Hits: 39
Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)
....ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......t of Subordinate Judgi Kushtia, against Mahtabuddin Biswa the predecessor of the present respondents, praying for a declaration of titl in the suit-land with a further declaration that the registered deed No. 6812 dated 12.10.1974, registered at the Kumarkhali Sub-Registry Office to be forged and no..Category: Property Law | Date: | Hits: 46
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
....ari purchased the lands. One Sabiha Khatun purchased 0.75 acres of land from Abdul Huq Bepari and Cherag Ali purchased the remaining lands. Sabiha Khatun subsequently by kabala dated 9th June, 1943 transferred .03 acres of land to the plaintiff and his brother Rafuquallah, who died without any iss......atun and Shamsunnahar through his predecessed son Sultan Ahmed. The said limran Ahmed and Asfina Khatun by kabala dated 12th March, 1981 transferred .03 acres of land to Shamsunnahar and by another deed dated 22nd February, 1982 .02 acres of land to the plaintiff. The plaintiff claims .08 acres of..Category: Property Law | Date: | Hits: 47
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......e respondent No. 2 (defendant No.1). Its case in short is that the defendant No.7 appointed the plaintiff as its sole agent to supply fish feed produced by it to different fish producing firms by a deed of agreement executed on 31 st January, 2005. Plaintiff supplied fish feed to defendant Nos. 2-..
Category: Civil Law | Date: | Hits: 96
....ny document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse negotiable instrument or to sign any certificate or share or to direct registration of transfer of any shares shall not be deemed to be included within the substantial powers of manag...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......rs sold the case land on 30th April, 2007 to some persons, to whom, accused petitioner disclosed that his father gifted the case land to him on 3rd September, 1971. The accused petitioner created the deed by resorting forgery. 3. The learned Magistrate took cognizance of the offences punishable..Category: Criminal Law | Date: | Hits: 54
....al decree singed on 18.01.2001 and thereafter the decree holder bank on 12.11.2001 started Title Execution Case No.92 of 2001 in the 1st Court of the learned Subordinate Judge, Dhaka and subsequently transferred in the Court of Artha Rin Adalat, 2nd Court, Dhaka and the Title Execution Case was renu...... Tk. 9,56,000/- as project loan vide dated 16.01.1988 and Tk. 6,96,000/- as C.C. loan vide sanction letter dated 20.07.1988 and as per terms of agreement the defendants executed a registered mortgage deed etc. in favour of the plaintiff and as per agreement the said amount of loan was disbursed and ..
Category: Civil Law | Date: | Hits: 96
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....y, which she lost vide judgment and decree passed in Money Suit No. 30 of 1962. 6. Being aggrieved the plaintiffs filed Title Appeal No.91 of 1991 in the Court of District Judge, Kushtia, which on transfer was heard and disposed of by the learned Joint District Judge, 2nd Court, Kushtia, dismissi......ation of their title- and possession in the suit land, which they acquired through purchase from Kallayani Debi, and that the defendants claiming owner-ship in the suit land by creating forged sale deed dispossessed the plaintiffs from the 'Kha' schedule land during the pendency of the suit on 20...Category: Property Law | Date: | Hits: 51
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....ently since his joining in the service. 5. The petitioner was elected as president of Bangladesh Parjatan Corporation Karmachary Union on 30.12.2003. 6. It was stated that the respondent No.1 transferred 60 employees of the Corporation to other places between 22.01.2006 to 07.02.2006 and mos......r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ..Category: Employment/Service Law | Date: | Hits: 95
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....r C.S. Dag No.53, 71 decimals land under C.S. Dag No.113 and 13 decimals land under C.S. Dag No. 127 to Aushi Bibi-by way of Heba and also delivered possession to Aushi Bibi and Bangu Sheikh had also transferred 64 decimals land under C.S. Dag No.33 and 55 decimals land under C.S. Dag No.110 to his ......roperty in question on the basis of an oral gift given by Bangu Sheikh in favour of Aushi Bibi, wife of his grand son. It appears that the documents as exhibited by the defendants especially the Heba deed in favour of Ausha Miah, sale deeds, the decree of partition suit etc. being documentary eviden..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....ja-Nalchiti, J.L. No.43 under Nalchiti Police Station and thus the plaintiff-petitioner were owning and possessing the said 13 decimals of land and enjoying usufruct therefrom, since the respective transfers, on payment of rates, taxes and other charges to the Revenue office. 4. The defendant N......lice Station, District-Jhalokhati, detailed in schedule-Ka of the plaint, contending, amongst others, that the plaintiff No.2 became owner and possessor of 6½ decimals of land vide registered sale deed dated 27.7.1967 from Hatem Ali Sharif and the plaintiff No.1 became owner and possessor of 6½ ..Category: Property Law | Date: | Hits: 45
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......of the land measuring 47.47 acres. He entered into an agreement with the writ petitioners on 28.11.1969 for sale of that land for a consideration of Tk.41, 500.00. As the vendor failed to execute the deed of sale, the petitioners filed Other Suit No. 14 of 1981 for specific performance of contract. ..Category: Property Law | Date: | Hits: 35
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....having no subsisting interest in the suit land is neither a necessary nor a proper party in the suit. The Court of appeal below further held that the defendant having informed the Court that he had transferred the suit land in favour of Md. Foriduddin, the suit without him is not maintainable. T......nd two sons namely, Kalinath Shil and Jadunath Shil to inherit his share and that Jadunath Shil died leaving behind one son Keshab Chandra Shil and that the plaintiff Sanjoy Kumar Shil by virtue gift deeds dated 01.06.1992 and 28.06.1993 from the legal heirs in succession became owner possessor of..Category: Property Law | Date: | Hits: 32
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
.... plaint is contiguous (in the east) to the plaintiff’s property; that the defendant opposite party No.2 without serving any notice for sale to co-sharers including the plaintiff-petitioner secretly transferred the suit land by a registered kabala dated 18.3.86 to defendant opposite party No.1, who......edule land of the plaint by the vendor (defendant No.2) to defendant No.1, the plaintiff-petitioner performed Taleb-i-mowasibat on 01.07.87 and thereafter, taking certified copy on 7.7.87 of the sale deed the plaintiff definitely came to know that ‘kha’ schedule land has been sold out to the def..Category: Property Law | Date: | Hits: 39
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