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Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....ously examined the materials on record and considered both oral and documentary evidence in their proper perspective. Having regard to the facts and circumstances of the case, we are fully in agreement with the findings and decisions of the High Court Division and we hold that the High......sp; Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a Single Bench......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ..Category: Property Law | Date: | Hits: 21
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ......awab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1491 of 2005. (From the judgment and order dated 18.4.2005 passed by the High ......988 for specific performance of contract on the averments that the suit property belonged to the defendant petitioners and the respondent No.3 (the proforma defendant No.5) and they agreed to sell the same to the respondent No. 1 at a consideration of Tk.3,00,000/- and he having paid T..Category: Property Law | Date: | Hits: 26
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ...... M. A. Aziz J N.G. Shaha Steel Industries (Pvt.) Ltd.......................Appellant Vs. Customs, Excise VAT Appellate Tribunal, Dhaka and others.........Respondents Judgment Ma......sheets. Zinc Ingot and BP sheets are used as raw materials for production of the same and the appellant-company imports the raw materials from abroad. The appellant-company does not generally sell GP sheets, but converts those into CGI sheets for the purpose of sale. GP sheets and CGI sheet..Category: Fiscal/Taxation Law | Date: | Hits: 83
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....nths of its being due as per the definition of the Bangladesh Bank the said Company became the defaulting borrower company within the meaning of section 5(GaGa) of the Bank Companies Act, 1991. An agreement by way of Memorandum of Understanding (MOA) was reached on 16.02.2001 by and between the ......ellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Sonali Bank, represented by its Managing Director, Head Office & another.............. Petitioners (In both the cases) Vs. Md. ......the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..Category: Banking Law | Date: | Hits: 103
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....f Fishery Department which was leased to the aforesaid company for fish culture and the defendant No.2, being elected as the Managing Director of the aforesaid company on 6.7.2002, executed an agreement with him providing that the plaintiff will enjoy 30 acres of land of Plot Nos. 351, 352 ......Tipu and others.........Petitioners Vs. Forkanul Islam and others.....................Respondents Judgment October 2, 2007. Lawyers Involved: Abdul Quayum, Senior Advocate, in......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....e house in 1987 in order to maintain peace in the locality. But unfortunately and without any lawful and valid authority the police personnel started living therein and occupied the house without any agreement with the writ-petitioner. Thereafter, the President and Secretary of the Dhaka Memon Anjum......ding, Dhaka and others..................Petitioners. Vs. Dhaka Memon Anjuman.............Respondent. Judgment November 18, 2007. Result: The petition is dismissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For t......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
.... are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as...... Golam Rabbani..........................Appellant Vs. Chairman, Court of Settlement and others.................Respondents Judgment July 8, 2008. Cases Referred to- Bangladesh Vs. Amela Khatoon and others, 53 DLR (AD) 55; Lalima Begum and another Vs. ......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..Category: Civil Law | Date: | Hits: 119
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ...... Zainul Abedin, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Respondent No. 1. None represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 478 of 2007. (From the judgment and order dated the 14th February, 2007 passed......ll maintainable and practically there is no appeal in the eye of law. 8. It appears from the record that in course of appeal the defendant was negotiating with the bank and the purchaser to sell the auction property and the defendant will pay up the entire decretal amount at a time to the..Category: Business or Commercial Law | Date: | Hits: 82
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....This is a false statement/In fact, the respondent obtained the registration of the Trade Mark through fraud because they knew about earlier registration made by the appellant. That a joint venture agreement was executed between Unilac Australia Limited and Messrs Sanowara Corporation for incorpo......Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade Mark Act, 1940, sections 8, 24 and 46 The appellant having entered into the User Agreement with the Respondents and having full knowledge of the ownership of trademark ...... June 1990 under the name and style 'Unilac Sanowara (Bangladesh) Limited' 4 Sanowara Corporation holds major shares in the appellant's company. The respondent No.1 Bonlac Foods Ltd. with a view to sell its dairy products under the trade mark 'Diploma' came to Bangladesh in the year of 1991 and ..Category: Intellectual Property Law | Date: | Hits: 245
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......entioned discharged the rule. 3. The plaintiff respondent instituted the aforesaid title suit of declaration of title and partition stating, inter alia, that the suit and belonged to one Md. Hekim, predecessor of defendant Nos. 1-13, who died leaving behind two sons Md. Aslam an......hat subsequently defendant No. 7 out of her necessity transferred her .13 decimals of land to defendant No. 16 by registered Kabala dated 6-12-1979 and that afterwards defendant No. 16 intended to sell the said Rice Mill and it was purchased by the plaintiff under receipt dated 4-5-1983 executed..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......e State…...............................Appellant Vs. Nur Husain alias Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; ...... the Code of Criminal Procedure stating, inter alia, that in the FIR there was no allegation that accused had tried in any way to counterfeit or perform any part of the process of counterfeiting or sell or buy or make or perform, any part of the process of making or intended to use the counterfei..Category: Criminal Law | Date: | Hits: 38
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... "Flora". Monowara Islam could not run the said restaurant, as such, the same was rented to the respondent No. 4 for one year at a rent of Tk.350/-on daily basis and accordingly a written agreement was executed and signed on stamp papers on 1.7.1991. Said respondent No. 4 subsequently l......d of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian and paying rent to the Government. Monowara Islam after taking allotment started a Restaurant named Flora Restauran......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....n of transfer of an area of 0.48 acres of land of Plot No. 350 by Bachcha Mia, the late father of defendant Nos. 1 and 2 to Nur Mohammad Khan on 04.07.1968 is not correct and in fact it was an agreement for sale. Bachcha Mia transferred an area of 0.48 acres of land of Plot No.350 at a consi......Bhuiyan, Advocate-on-Record- For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 199 of 2006. (From the judgment and order dated the 23rd March, 2005 passed by......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ...... A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 601 of 2005 (From the judgment and order dated the 22nd March, 2005 passed by the H......ah sold 0.12 acres of land to Kamrunnessa Khatun as her dower money of Kabinnama while she married Ershad Ali; that Kamrunnessa and heirs of 2 daughters of Akramullah with defendant No. 2 intended to sell their shares and by registered kabala dated 17.04.1995 the defendant No. 1 purchased the suit l..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......dgment November 6, 2007. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 626 of 2005 (From the judgment and order dated the 8th December, 2004 passed b......his written objection respondent No.1 stated that he is in possession of the case land; the petitioner had knowledge of the transfer since the vendor is his full brother-in-law who offered to sell the disputed land to the petitioner and his brother. But they expressed their incapacity ..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
.... defendant No.1 proposed to sell the land shown in the schedule attached to the plaint for a consideration of Taka 2,00,000 and upon receiving Taka 1,40,000 on August 15, 1991 executed an agreement for sale and delivered possession. It was the stipulation in the agreement for sale that ......Involved: Md. Momtazuddin Fakir, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petition for Leave to Appeal No. 853 of 2004 (From the Judgment and Order dated April 5, 2004 passed by the Hig......o. 69 of 1993 decreeing the same. The suit was filed seeking decree for specific performance of contract for sale of land. 2. It was the plaintiff's case that defendant No.1 proposed to sell the land shown in the schedule attached to the plaint for a consideration of Taka 2,00,00..Category: Property Law | Date: | Hits: 23
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
.... January 28, 1964 taken from the Government and said Syed Rafiuddin Ahmed sold the property so obtained by lease to Mrs. Anowara Begum (plaintiff's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,0......l Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Referred to: 39 DLR 339; 32 DLR 75; Sufia Khanam Chowdhury vs. Faizun Nesa Chowdhury, 39 DLR (AD) 46;......said Syed Rafiuddin Ahmed sold the property so obtained by lease to Mrs. Anowara Begum (plaintiff's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the tot..Category: Property Law | Date: | Hits: 31
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....tion of the plaintiff as of his being a tenant under the plaintiff and also that he is a co-sharer of the holding i.e. the premises in question and that a partition suit is pending, that there was no agreement of tenancy between the defendant and the plaintiff and as such there is no relationship of......olved: Md. Mozaffar Hossain, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Muhammad Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1218 of 2007. (From the Judgment and Order dated May 23, 2007 passed by the High Co......ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ..Category: Tenancy Law | Date: | Hits: 165
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ......; Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 1268 of 2004 (From the judgment and order dated 6th July, 2004 passed by the ......also 4 other sons, wife Rabeya and five daughters, Ayesha, Julekha and 3 others; Julekha died leaving his brother, sister and mother as her heirs; when the opposite party Nos. 2-15 proposed to sell 12¼ decimals of land, the opposite party No.1 and one Badrul Hasan agreed to purchase t..Category: Property Law | Date: | Hits: 30
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
.... unwarranted transfer into the ethical sphere of a term employed for other distinctions and so far as it is resorted to for other purposes, it is vacuous." 5. We are fully in agreement with this view expressed in Local Government Code vs. Arlidge 1915 A.C. 120 (at 138). Th...... Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Appellants. Ex-parte—Respondent Nos. 5 & 6. Case Referred to- Local Government Code vs. Arlidge 1915 A.C. 120 (at 138). Civil Appeal No. 85 of 1981......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
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