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Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....ent of 1,000 metric tons of Urea fertilizer from the said defendant but due to paucity of fund they were not in a position to withdraw the said fertilizer and in that situation they entered into an agreement with the defendant Nos.1 and 2 for sale of the said fertilizer and made an advance sale ......oan of Tk. 5,00,000/- by way of Cash credit (hypothecation) and Tk. 30,00,000/- by way of Cash Credit (pledge) and the loanees executed charge documents in favour of the Bank, that proprietors (defendant Nos. 3 and 4) of M/S Chowdhury Trading, a dealer of the defendant No. 7 (Zia Fertil...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..Category: Civil Law | Date: | Hits: 121
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....d brother in O.S. No. 9 of 1975 and the Execution case No. 9 of 1981. The pre emptor respondents alleged that no notice of the aforesaid case was served upon them. They came to know about the agreement, suit and sale of the disputed land on 29.3.1983 for the first time and the pre-emptee ap......ain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor ......he pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant, subsequently, when..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
.... reference and rejected the jail appeal, we find no illegality or any legal infirmity or any defect of law at any stage of the proceeding for our interference and as such we are fully in agreement with the findings and decisions arrived at by the High Court Division. In such view of th......tion Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Appeal 2023 of......ard along with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the accused started demanding money from his father by selling land for going abroad again and for non compliance he created pressure on his father a..Category: Criminal Law | Date: | Hits: 55
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....nt instituted the above Other Suit No. 247 of 1978, where in the respondent No.1 and the appellant were impleaded as pro forma defendant Nos.1 and 2 respectively. Praying for a declaration that the agreement of compromise dated 20.7.64 as well as the compromise decree passed on 11.6.64 in Other S...... not been affected in any way thereby, stating inter alia that respondent No.1 is her son by her first marriage with one Md. Ishaque; the properties described in the schedule of the plaint belonged to her father Abdul Gani Chowdhury who died leaving Amena Khatun (wife) and her (daughter) as his ......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..Category: Procedural Law | Date: | Hits: 87
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....unpaid, either because of the amount of money standing to the credit of that account is insufficient to honors 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 shall,...... Nizam Uddin Mahmood............................Appellant Vs. Abdul Hamid Bhuiyan and another.... .............Respondent Judgment June 1, 2004. Cases Referred to- Habibur Rahman Hawlader vs. State 55 DLR (HCD) 199 in 53 DLR (AD) 111, SM Anwar Hossain ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..Category: Business or Commercial Law | Date: | Hits: 138
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......p; others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: Anwarul Azim Khair, Deputy Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellants. ......abalas in Senpara Parbat Mouza, Mirpur during the said years 1975 to 1979 without clearance from the Abandoned Property Authority and so Farhana and Nasima would not have been in a position to sell 6 kathas of land to shamir Mia, Abul Hossein and Abdul Gani on 26.5.1975 and register kabala i..Category: Property Law | Date: | Hits: 29
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......ench of the High Court Division in First Appeal No.166 of1995. The High Court Division by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his ......anted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Chandra Das executed an unregistered bainapatra on 24.11.1991 for selling 4.32 acres of land to the plaintiff at a consideration of Tk. 2,50,000/- on rece..Category: Property Law | Date: | Hits: 32
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....tion by Notification Dated 8.10.1965 and after the liberation of the country the same was made over to the Bangladesh Muktijoddah Kalyan Trust, the appellant No.1 of Civil Appeal No. 47 of 1999 by an agreement dated 28.2.1978. Writ petitioner respondents claimed that the premises in which the said......al No. 47 of 1999) Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors...............Respondent (In both the appeals) Judgment December 10, 2000. Lawyers Involved: Mahmudul Islam, Attorney General, instructed by S. B. Barua, Advocate-on-Record-For the Appellants (In Civil Appeal No......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
.... Khatian but yet his name was wrongly recorded in the said record of right (ROR); that Md. Ali Raj Mia died as owner of 0.01 acres of land leaving defendant Nos.1-3 as his heirs who entered into an agreement with the plaintiff appellant for sale of the same but did not execute the sale deed....... Sayeed JR Mudassir Husain J. - In this appeal, leave has been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
.... election in the eye of law. 3. The writ petition was contested by the present appellants and their case is that there was no violation of any provision of the statute and there was an agreement between contesting panels that counting of votes will take place in Dhaka and no grievanc......Vs. Mr. Giasuddin Ahmed Chowdhury @ Gias Kamal Chowdhury and others..............Respondents (In Civil Petition No. 9 of 2001) Judgment December 10, 2001. Cases Referred to- Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Md. Enayet Ali Vs. Munsif, First Court, K......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....case of Krishna Pada Dutta Vs. The Secretary, Ministry of Home Affairs and others reported in 42 DLR 297 in an application under section 491 Cr. P.C. it was held that: "We are in respectful agreement with the views expressed in Muthu Ibrahim's case ILB 37 Mad 567 and in the case of Sukhend...... Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal is allowed. Cases Referred to- Wahed Ali Dewan Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangl......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
...., inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to the plaintiff and accordingly on 05.10.1991 an agreement was executed between the parties and subsequently, the executors refusing to executed the......1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to&nbs......ction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to the plaintiff and accordingly on 05.10.1991 an agreement was exec..Category: Property Law | Date: | Hits: 40
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ...... Judgment November 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.129 of 2006 (From the judgment and order dated 19.11.2003 passed by the High C......the shop of the convict appellant No.1 Misir Ali. Their further defends is that the convict appellants have been implicated in this case falsely when the convict appellant No.1 Misir Ali refused to sell goods on credit to P.W.I the informant and officer-in-charge of the Thana. 4. Prosecuti..Category: Criminal Law | Date: | Hits: 36
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......d, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. Th......nd along with his wife and 2 sons. The defendant with a view to grabbing the entire paternal properties erected the deed of gift No. 3028 dated 02.03.1987, one day the defendant brought a vendee to sell the land and then the plaintiff asked the defendant why he has brought the vendee without tell..Category: Property Law | Date: | Hits: 24
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......In Civil Petition No. 732 of 2007) Civil Petition for Leave to Appeal Nos. 729-732 of 2007. (From the judgment dated 24.04.2006 passed by the High Cour...... 2. The respondent No.1 as plaintiff instituted Title Suit No. 59 of 1989 praying for specific performance of contract stating, inter alia that the defendant opposite parties proposed to sell the suit land and the petitioner wanted to purchase the same for the price of Tk.10, 000/- for..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....as collateral security. Defendants also executed promissory note, demand promissory note, letter of disbursement, letter of guarantee and other charged documents along with hire purchase agreement. The defendant deposited Tk. 10,00,000.00 (ten lac) only T.D.R. to the plaintiff ban......awab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005 passed by......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....vision. The learned Custodian, by order dated the 14th March, 1949, raised his share from 1/3rd to 19/28. 3. It appears that Respondent No. 2 was in financial difficulties. He entered into an agreement with respondent No. 1 for the sale of 366 Kanals, 4 Marlas of land to her on the 5th May, ......nts Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction ......ution and registration of sale deed after the Custodian had given the sanction for the proposed sale. In this connection he moved an application to the Custodian of Evacuee Property for permission to sell six squares of land. The Custodian of Evacuee Property, by order dated the 28th May, 1949, gran..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....tating, inter alia, that the case holdings recorded in R.S. Khatian Nos. 47, 31 and 153 in the names of Haralal Ghose, Priollal Ghose, Jatindra Lal Ghose and Surendra Lal Ghose who entered into an agreement with the petitioner on 27.02.1965 to sell their 8 annas share of the said property of the......b Hossain, Advocate-on-Record-For the Petitioner. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented- Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 232 of 2006. (From the judgment and order dated the 11th December, 2005 passe......orded in R.S. Khatian Nos. 47, 31 and 153 in the names of Haralal Ghose, Priollal Ghose, Jatindra Lal Ghose and Surendra Lal Ghose who entered into an agreement with the petitioner on 27.02.1965 to sell their 8 annas share of the said property of the said holding; that they having failed to amica..Category: Property Law | Date: | Hits: 20
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....e is question of fact which may be proved by adducing evidence before the trial Court. 8. Lastly the question for the trial to consider after assessing the evidence of the petitioner's agreement to pay the amount in installments amounted to an admission of having misappropriated the ...... June 15, 2008. Lawyer Involved: Khondakar Mahbub Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Mohammad Ali Akanda, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. ......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....hen Hasina Khatun by registered deed of sale dated 27.2.1976 transferred the same to Rahela Khatun who is possessing the same through defendant No.1, her bargadar and that Rahela Khatun by an agreement transfer schedules Ka and Kha land to the defendant No.1 and also one Latifur Rahman......ury Md. Zahangir, Advocate-on-Record-For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2. Civil Petition for Leave to Appeal No. 697 of 2007. (From the judgment and order dated 25.1.2007 passed by the High...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..Category: Property Law | Date: | Hits: 25
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