Judgment search - Chancery Law Chronicles

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Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)

....hen filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint of the above suit on the ground that in terms of the arbitration clause contained in the lease agreement the suit was not maintainable. The learned Joint District Judge, after hearing, reje...... Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ..

Category: Alternative Dispute Resolution | Date: | Hits: 192

Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)

....the writ petitioner. Subsequently the writ respondents on several occasions issued notices upon the writ petitioner on different trivial and baseless grounds threatening cancellation of lease agreement but the said notices were duly replied to avoid further harassment. On 19.6.1993 the writ......ary Ministry of Housing and Public Works, Bangladesh Sachibalaya, Ramna, Dhaka and others ............Petitioners Vs. M/S Eastern Industries (BD) Ltd. represented by its Managing Director Mr. Jumma Bhai Virji, Tejgaon Industrial Area, Dhaka….......Respondent Judgment ......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ..

Category: Property Law | Date: | Hits: 27

Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)

....ence the suit was instituted. 3. The defendant Nos.1-5 contested the suit by filing a written statement contending amongst others that the original landlord Abbas Ali Mondal entered into an agreement for 5 years on payment of advance rent of Tk. 45,000/- for his treatment upon enhancing ......e Petitioners. Saidur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-3. Not Represented-Respondent Nos. 4-7. Civil Petition for Leave to Appeal No. 696 of 2005. (From the judgment and order dated 29.3.2005 passed by the High C......tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ..

Category: Property Law | Date: | Hits: 91

Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)

....(September 23, 1974) for sale of land described in the schedule attached to the plaint. It is the case of the plaintiff that the defendant Nos.1 and 2 own the land in suit and they entered into an agreement for sale on September 23, 1974 upon accepting Tk. 15,000/- out of the total consider......For the Petitioners. Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 356 of 2005. (From the Judgment and Order dated November 28, 2004 passed by th......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ..

Category: Civil Law | Date: | Hits: 74

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....nd without jurisdiction and thus erred in law in dismissing the appeal and not setting aside the award in question inasmuch as Section 8 of the Arbitration Act, 1940 is applicable in an arbitration agreement where the arbitration clause contemplated the arbitrator to be appointed by consent of th......ip;..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 2008. Case Referred to- Coal Controller Vs. Ventura Industries, 45 DLR (AD) 184. Lawyers Involved: ......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..

Category: Business or Commercial Law | Date: | Hits: 129

Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)

....er, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers on record. 4. The High Court Division held that as per agreement of the complainant with the bank, the customer is barred to keep money in the locker and ......Advocate-on-Record-For the Petitioner. Abdul Basel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 487 of 2006. (From the judgment and order dated 27.07.2006 passed by the High ......t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ..

Category: Criminal Law | Date: | Hits: 49

Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)

....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed by the High......12.1982. Thereafter, the plaintiff and defendant No.2 executed an undertaking on 25.12.1982 in favour of defendant No. 1 in respect of the scheduled property. Subsequently the plaintiff arranged to sell half of the scheduled property and the defendant No.2 protested. The plaintiff also misbehave..

Category: Property Law | Date: | Hits: 26

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)

....aleda Rahman, wife of Md. Mojibur Rahman, that the full consideration money of the leased land was paid and possession was duly delivered to the allottee by the RAJUK, that allottee entered into an agreement for transfer of the land in suit with Md. Amanullah, predecessor of the plaintiffs, and t...... Judgment August 28, 2006. Lawyers Involved: Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passed by the H......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ..

Category: Property Law | Date: | Hits: 30

Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)

....rnment of the then East Pakistan. It is the case of the respondent that while said Mr. SM Hasan was owning and possessing the property in question he, on August 1,1973, entered into a written agreement to sell the property for a consideration of Taka 28,000 and that upon receiving Taka 27,0......c of People’s Republic of Bangladesh.......... Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh v...... then East Pakistan. It is the case of the respondent that while said Mr. SM Hasan was owning and possessing the property in question he, on August 1,1973, entered into a written agreement to sell the property for a consideration of Taka 28,000 and that upon receiving Taka 27,000 executed a..

Category: Property Law | Date: | Hits: 32

Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)

....both the parties were altered/modified before registration of the deed by the respondent Co. without the consent of the plaintiff-petitioner. It was alleged that the terms and conditions in the draft agreement which were earlier approved by the plaintiff being deleted some new conditions had been in...... Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner-Cum-Collector..................Appellant Vs Megha Fisheries Ltd... ..............Respondent Judgment ......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 41

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....y came to the suit land and has been residing therein. The plaintiff, however, though claimed the suit land initially on the basis of settlement but subsequently claimed possession of the basis of agreement for sale and accordingly, filed the SA Khatian standing in the name of Dil Mohammad and R......measuring 0.04 acres from Plot No. 50 in old Khatian No.723, 0.03 acres from Plot No. 49 in Khatian No. 722, 0.02 acres from Plot No.32 in Khatian No.543 and .03 acres from No. 48 in Khatian No.763 total measuring 0.12 acres originally belonged to Uttam Sardar, Uday Sarder, Khirod Baisnab and Bas...... favour of Dil Mohammad in the year 1351 BS in the month of Kartik; the suit land is situated within the Rajshahi City Corporation area; in the year 1354 BS the said Rama Proshad intended to sell the suit land and accordingly, received Taka 6,000 from Dill Mohammad but before registr..

Category: Property Law | Date: | Hits: 25

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....ested the suit by filing written statement stating inter alia that defendant’s No.1’s father late Abdul Motaleb took lease of the suit premises from the mother of the plaintiff on the basis of an agreement of June 15, 1955 at a rental of TK.80/- per month and he established a proprietary Enginee......as become the owner of the premises in suit on the basis of gift made by her mother and the defendants are occupying the premises in suit as tenant at the rent of TK.400/- per month payable according to English Calendar by the 15th of the next month, that defendant No.1 is the managing partner of th......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ..

Category: Tenancy Law | Date: | Hits: 169

Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)

....ned buildings. 2. Facts, in brief, are that the petitioner filed the above writ petition on the averments that Abdul Salam became owner of the case property in terms of the registered lease agreement dated 11.2.1960 and he, by constructing building therein had been possessing the case pro...... Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred to- 17 BLD (AD) 118; 49 DLR(AD)161; 47 DLR(AD) 71; 15 BLD(AD)175. Lawyers Involved: .......1973, no deed of agreement has been filed in support of the above claim and further there is nothing on record to show that permission was obtained by Jebunnessa from the District Judge, Dhaka to sell the case property and furthermore no permission of the Government was also taken and according..

Category: Property Law | Date: | Hits: 26

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....the principle of res judicata. It was asserted in the written statement that defendant No. 1 took monthly rent of the suit premises from Nalini Ranjan Roy Chowdhury who thereafter entered into an agreement with him for sale of 50 decimals of land of 2nd Schedule in October 1961, but no sale deed...... M. Ruhul Amin J Sufia Begum & Others………………..Appellants Vs. Md. Tariqul Islam & Another………………Respondents Judgment September 12, 2007. Case referred to- 44 DLR (AD) 100. Lawyers Involved: Mohammad Ullah, Advocate instructed by Nurul Islam...... schedule land to the said Bank as security; that in order to pay the Bank loan the sons of Kamini Kumar Roy through their constituted attorney, Pratul Chandra Das Bhowmick, Advocate, contracted to sell the 1st schedule land to the plaintiff and accordingly executed a Bainapatra on 28.10.1954 (E..

Category: Tenancy Law | Date: | Hits: 141

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

....shy;lities respondent No.1 executed Letter of Guarantee, Demand Promissory Note, which were exhibited in the trial Court. Besides those, respondent No.1 executed all charge documents/ BM agreement. 5. Although two LCs were opened for 143 fax machines, only 120 machi......former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu)................Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..

Category: Business or Commercial Law | Date: | Hits: 122

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....rom disturbing him with his peaceful possession therein stating, inter alia, that his father, Abdur Rahman acquired the suit property from the Industrial Corporation Limited on the basis of an agreement dated 24-3-1954 and purchased shares of the company and subsequently the plaintiff's fath....................Petitioners Vs. Farooque Ahmed…………………........Respondent Judgment January 25th, 2007. Cases Referred to- Babul Kanti Das vs. Abul Hashem 47 DLR (AD) 6; Abdul Barek Mia vs. ABM Serajul Islam 20 ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..

Category: Property Law | Date: | Hits: 25

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......d. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007. Cases Referred to- Gazi M Towfic vs. Agrani Bank 54 DLR (AD) 6; Zahi......y and as additional security against the above loan the respondent No. 8, the full sister of the petitioner, apart from mortgaging her property in favour of the bank also gave power to the bank to sell the same and the company repaid a sum of Taka 20,00,000 only and failed to pay the balance amo..

Category: Civil Law | Date: | Hits: 103

DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)

....s constructed Rail line and part of the unused land is in the possession of the Railway, that plaintiffs did not mention the name of the tenants in the plaint and that did not produce tenancy agreement and the plaintiffs did not seek the relief of declaration of title and in support ......e Petitioners. Osman Gani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos. 7-13. Civil Petition For leave to Appeal No. 263 of 2004 (From the judgment dated July 8, 2003 of the High Court Division i......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..

Category: Property Law | Date: | Hits: 22

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....sed into service as learned Counsel for the respondent-State stated that they were wrongly regularised. It is obvious that one wrong cannot be multiplied by another wrong." 16. We are in complete agreement with the aforesaid decision and we of the view that the appellant having been appointed......H.P. v. Nodha Ram, SCC pp. 478-79. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam, Advocate-on-Record- For the Appellant. Anwarul Azim Khair, Deputy Attorney General, instructed by Firoj Shah, Advocate-on-Record-For the Respondents. Civil Appeal N......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..

Category: Administrative Law | Date: | Hits: 136

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....s stated, inter alia, that the above building was allotted to Md. Shafi by a registered lease deed dated 19.4.62; while in peaceful possession of the building Md. Shafi, on 08.01.1970 entered into an agreement with the respondent No.1 for sale of the building at a total consideration of Tk. 9,750/- ......��…………………………………………………Respondents Judgment March 14, 2005. Result: The appeal is allowed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by B. Hossain, Advocate -on-Record-For the Appellant. Abdul Wadud Bhu......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..

Category: Property Law | Date: | Hits: 28

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