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Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......panies. The defendant No.4 Company obtained loan from the defendant No.1 Bank and the defendant No.5 as the Managing Director of the defendant No.4 Company and guarantor of the loan had mortgaged his property with the defendant No.1 Bank as collateral security. The defendant No.4 failed to repay the..Category: Civil Law | Date: | Hits: 93
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......s under: "1. Is the suit maintainable in its present form? 2. Has the suit land, been acquired? 3. Is the resolution dated 09.11.1995 taken by the defendant Nos. 1 and 2 as to allotment of property mentioned in the 'Schedule-A' of the plaint illegal? 4. Are the plaintiffs entitled to g..Category: Property Law | Date: | Hits: 70
....ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......ragraph 3 that they took settlement of the suit land in the benami of Khairul Alam on the ground that if they had taken settlement in their names their co-sharers might have claimed right in the said property. Mr. Attorney General submitted, this claim is apparently false, and none of the plaintif..
Category: Property Law | Date: | Hits: 76
..... Since 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: VIII ADC (2011) 477.
......the High Court Division in failing to consider that the lower appellate Court on consideration of Section 107 of the Transfer of Property took a correct view, inasmuch as, where a lease of immoveable property is made by more instruments than one, each such instruments shall be executed by both the l..
Category: Procedural Law | Date: | Hits: 76
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......rming the common judgment and decree passed in Title Appeal Nos.157 and 158 of 1994. 6. The High Court Division however observed that the contesting parties are co-sharers in the suit land but the property has not been divided by metes and bounds and thus remained in ejmali and since both the par..Category: Property Law | Date: | Hits: 60
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ...... all and since the limitation for filing a case for pre-emption runs from three months from the date of knowledge as such when the pre-emptor came to know about the transfer of the suit land the suit property was situated very much within the municipal area and that the finding of facts arrived at b..Category: Property Law | Date: | Hits: 64
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......he respective parties the trial Court found the Issue Nos.2 and 3 in favour of the plaintiffs and the Issue No.4 against the plaintiffs and the Issue No.5 relating to exclusive possession in the suit property was found against the plaintiffs since found that the plaintiffs failed to prove their excl..Category: Procedural Law | Date: | Hits: 57
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......contravention of sections 91 and section 92 of the Evidence Act. Section 91 of the Evidence Act runs as follows: "91. When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is requir..Category: Property Law | Date: | Hits: 87
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......holding the inclusion of a house being House No.22, Block 'B' Lane No.4 Section 13, Mirpur Housing Estate, PS Mirpur, Dhaka hereinafter referred to as the disputed house in the 'Ka' list of abandoned property.
2. The case of the petitioners is that the petitioner No.1 is the wife of petitioner No..
Category: Property Law | Date: | Hits: 89
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......der for attachment of the vessel MV Eurco Explorer the carrier of the consignment of the Controller of Movement and Storage, Chittagong, before judgment which was necessary as the petitioner 3 had no property within the jurisdiction of the trial Court except the vessel and if the vessel is allowed t..Category: Civil Law | Date: | Hits: 75
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......his desirable. 13. To use the words of Baillie, marriage, like other contracts, “is constituted by ejab wa kabul or declaration and acceptance, but it confers no rights on either party over the property of the other. The legal capacity of the wife is not sunk in that of the husband; she retain..Category: Family Law | Date: | Hits: 318
....C) giving the Election schedule of the Dasuria Union Parishad fixing 1st January, 1992 as the date of election of the Chairman and members of the said Union Parishad (which has been subsequently re‑scheduled to a date in the last week of January, 1992 according to Election Commission's Order dated...... follows:
"Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both movable and immovable, and shall by its name sue and be sued."
The relevant provisi..
Category: Election Law | Date: | Hits: 129
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......he plaint. He submits that the petitioners did not accept the plaintiff as a landlord rather they have taken lease from Bazlur Rahman. Mr. Gafur submits that whether Bazlur Rahman is the owner of the property or not is to be ascertained from the documents of title of the plaintiff as well as origina..Category: Property Law | Date: | Hits: 55
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......irajul Huq, AAG ‑ For the Respondent No.1. Writ Petition No.1042 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution the enlistment of certain property being a house situated at holding No. F/K/9, Sher Shah Colony, Nasirabad, PS Panchush, Dist..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......wo huts to the said two persons. But it appears from the will Ext. 2 that except the plaintiff other sons of the cousin brother of testator were inimical to him and he was not willing to bequeath any property to them and he bequeathed entire property to the plaintiff. P.Ws. could not say through who..Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... as office‑bearers of the Central Committee of Bangladesh Pustak Prakashak and Bikreta Samity (Bangladesh Book Publishers and Book Sellers Association) and holding of meetings of the said Committee scheduled on 11.2.1993 and 17.2.1993 by defendant No.9 vide his notice dated 4.2.1993 were illegal, ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......a widow who died leaving the aforesaid son and daughter as her heirs. Then died Sarban leaving husband Azam Ali and a son Ashraf Ali, daughter Rani Bibi as her heirs who sold their shares in the said property to defendant No.1 Nurul Islam son of aforesaid Moslehuddin. Then died Moslehuddin leaving s..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......n Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go into the detailed discussions in respect of right and title, of..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......ulfillment of the requirements approved the proposal and started L.A. Case No.01/89-90. After receiving the notice under section 3 of the Ordinance, 6(six) objections were raised by the owners of the property within the stipulated time as per section 4(1) and the said 6 (six) objections were heard b..Category: Property Law | Date: | Hits: 93
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......f .32 decimals of land out of .82 decimals. Both the Courts below therefore concurrently found that the suit land as described in the schedule to the plaint, does not contain the description of the property sufficient to identify the suit land and declaration of title cannot be passed in respect o..Category: Property Law | Date: | Hits: 61
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