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Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
....o Ramesh Chandra Chowdhury, Ratish Chandra Chowdhury and Suresh Chandra Chowdhury who died leaving behind only son Sankar Prasad Chowdhury, the pro-forma defendants Nos. 13 and 14, entered into an agreement for sale with the plaintiff for the suit land with a consideration of Tk. 15,000.00 and ......dvocate, (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented- the Respondents. Civil Petition for Leave to Appeal No. 797 of 2005. (From the Judgment and order dated the 16th April of 2005 passed ......ion thereof and since then this defendant was possessing the same. 5. The further case of the defendant-petitioner is that Subrata and Shuhendu, sons of Suresh Chowdhury, contracted to sell dag No. 2283 of the 2nd schedule land with defendant Nos. 1 and 2 on 10.04.1964 and delivered ..Category: Property Law | Date: | Hits: 29
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
....g on the provision of section 4 of the Bangladesh Petroleum Act, 1974 asserting that the writ petitioners were debarred from importing the said consignment without entering into any petroleum agreement with the Government as envisaged under section 4(2) of the said Act inasmuch as, ac......overnment of Bangladesh, Bangladesh Secretariat, Dhaka and others ........Appellants Vs. Q.C. Petroleum Limited and others ......................Respondents Judgment October 2, 2007. Lawyers Involved: Salah Uddin Mahmud, Additional Attorney General, ins...... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ..Category: Business or Commercial Law | Date: | Hits: 94
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
.... 10. In consideration of the facts and circumstances, we are of the view that the learned Single Judge committed no illegality in passing the impugned judgment. We are fully in agreement with the findings and decisions arrived at by the High Court Division. In the result, we......ate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. Md. Nawab Ali, Advcate-on-Record - For Respondent No. 1 (a). Not represented - Respondent Nos. 1(b) to 1(i). Civil Appeal No. 20 of 1999. (From the Judgment and Order dated 10-06-1997 passe......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....accordance with law or ultra-vires to the Constitution as well as the fundaÂmental rights of the citizens as guaranteed in the Constitution." In the aforesaid premises, we are fully in agreement with the findings and deciÂsions arrived at by the High Court Division. This petition mer......ents Judgment May 02, 2006. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructÂed by Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Pet......h the findings and deciÂsions arrived at by the High Court Division. This petition merits no considerÂation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....na in Title Suit No. 26 of 1992. 2. The plaintiff-respondent filed the suit impleading the petitioner as defendant No.5 and others as the defendants praying for decree declaring the deed of agreement between the parties cancelled and for recovery of compensation to the tune of Tk. 25 lac ......ivision (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Lt......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..Category: Civil Law | Date: | Hits: 103
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....e Code on 18.04.2002 for return of the plaint by submitting that the learned respondent No.1 Court did not have jurisdiction inasmuch that where the plaintiff alleges that the parties to the agreement that have given rise to the suit have agreed that the agreement shall be governed by a f..................Petitioner Vs. The Court of Joint District and 2nd Artha Rin Adalat, Dhaka and others......... Respondents Judgment January 26, 2006. Cases Referred to: Hanak v. Green [1958] 2 All E.R. 141, C.A.; The Leon [1985] 2 Lloyds L.R. 470; Gilbert......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
.... on which he built one room. In compliance with the registered standard agreement for lease dated 05.04.1960 Shamsuddin Ahmed paid the entire premium to the Government. He entered into an agreement for sale of the said property on 01.11.1963 with the writ petitioners' mother Most. Badru...... Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents Judgment May 04, 2005. Lawyers Involved: ......he Court of Settlement dismissed the case of the writ respondents holding, inter alia, that the writ petitioners failed to produce any paper to show that the original lessee acquired right to sell the property after payment of the entire premium to the Government but from annexure-M(1) file..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....t with his vendor for a passage 4ft wide commencing from the north-western extremity of his holding connecting the Elephant road, as described in Schedule B to the plaint, on the basis of an exchange agreement dated 12-4-68; that the respondent has been using the said passage since 1968 as the only ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellants Vs. Abu Bakr Siddique…………………………………………………………Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs. Shamsur Rahm......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....of title in the suit land on the averments, inter alia, that Surendra Chandra Ghosal, father of the defendant No. 3 and Dijendra Chandra Ghosal pro-forma defendant No.4, on 30.8.1947, entered into an agreement for sale of the suit land to him for a consideration of Tk.1,00,000/- and he having paid a......itioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury M. Zahangir, Advocate-on- Record-For Respondent No. 4. Not repÂresented- Respondent Nos.1-3 & 5-13. Civil Petition for Leave to Appeal No. 922 of 2003 (From the judgment and order dated 3.3.2003 passed by the High Court Di......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..Category: Property Law | Date: | Hits: 39
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....ter alia, that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra Kumar Nath, father of the plaintiff and said Mohendra Kumar Nath entered into an agreement for sale of 26 decimals of land shown in the 2nd schedule attached to the plaint on Novem......on in Civil Revision No. 4173 of 1994) Judgment Md. Ruhul Amin J. - Plaintiff obtained leave to appeal against the judgment dated February 13, 2002 of a Single Bench of the High Court Division......xectited an agreement for sale, that Mohendra Kumar Nath being in debt and also for performing religious rites and ceremonies in old age was in need of money and for that felt the necessity of selling the land as regard which he entered into an agreement for sale with the plaintiff, that Mo..Category: Property Law | Date: | Hits: 46
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....of Tk.56,75,000/- within one month from the date of acceptance calculated @ 25% of the bid money. The money was not paid. The plaintiff suggested amendments in clauses 4, 6 and 12 in the draft agreement for sale of the suit property, which the plaintiff was called upon to sign. Discussions a...... Other Suit No.70 of 1987 on the allegations, inter alia, that the defendant by publishing an advertisement in the Daily Azadi dated 23.2.1987 invited tender for sale of 4.6291 acres of hilly land together with two one-storied buildings thereon situated at Chatteswari Road, Chittagong. In ......nest money of the successful person may be adjusted with the sale price of the said property. 4. The person whose quotation shall be accepted will have to pay 25% of the offered price to the seller within one month from the date of acceptance of the quotation and execute the contract for ..Category: Property Law | Date: | Hits: 33
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
.... S.A. record was prepared in her name. In October, 1981, she expressed her desire to transfer the suit land through Shawkat Ali. Accordingly on receipt of Tk. 20,000/- through cheque. She executed an agreement on 01.11.1981. At the time of such execuÂtion, her close relatives were present. Thereaft......in Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner (In both the cases) Not represented-Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 392 & 393 of 2003 (From the judgment and order dated 23.11.2002 passed by the ......observed that from the order dated 11.10.1983, it appears that the said prayer was rejected by the Administrator of Waqfs. Thereafter, another application dated 25.11.1983 was filed for permission to sell suit land and inquiry was held by Inspector of Waqfs. The Inspector in his report stated that t..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
.... provision of Rule 57(B) of Chapter VII of the Service Rule of BOESL as the service of the petitioner was no longer required, that the petitioner joined in the service of BOESL following a written agreement in which he agreed to comply with all the rules and procedure of BOESL and therefore of t......il) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..Category: Employment/Service Law | Date: | Hits: 71
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......overnment of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respondent Judgment May 24, 2007. Lawyers Involved: M.A. Azim Khair, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Md. Mozaffar......ile in possession sold the same to one Md. Safi by a registered kabala dated 17.04.1964. Md. Safi got his name mutated in the record of rights. Thereafter, Md. Safi entered into a contract to sell the building and delivered possession to the writ petitioner and also executed a register..Category: Property Law | Date: | Hits: 27
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......e, Pangsa, Rajbari, seeking for a decree of specific performance of contract for sale of the land measuring,an area of 1.22 acres stating, inter alia, that the respondent (defendant No. 1) proposed to sell the land described in the schedule of the plaint for a consideration of Tk. 3,000.00 and th......Pangsa, Rajbari, seeking for a decree of specific performance of contract for sale of the land measuring,an area of 1.22 acres stating, inter alia, that the respondent (defendant No. 1) proposed to sell the land described in the schedule of the plaint for a consideration of Tk. 3,000.00 and there..Category: Property Law | Date: | Hits: 30
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....ntiffs from the suit land and they (plaintiffs) filed the suit. The plaintiffs further stated that they again rented the scheduled property to Modhumoty Super Bricks on 30-07-1999 but the said agreement is lying with the lessee and as a result, the plaintiffs could not file the agreeme......er. Enayetur Rahim, Advocate, instructed by A.K.M Shahidul Huq Ali, Advocate-on-Record-For the Respondent Nos. 1-5. Not represented-Respondent Nos. 6-11. Civil Petition for Leave to Appeal No. 265 of 2004. (From the judgment and order dated 25th March, 2003 passed by the ......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ..Category: Property Law | Date: | Hits: 33
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....dants with a prayer for their eviction from the suit premise alleging, inter alia, that the defendants were inducted as tenants in the suit premise by the plaintiffs on the basis of a deed of agreement dated 26.10.1988 and that the defendants paid rents up to the months of August, 1993 and ......ynul Abedin J Md. Siddiqullah and others.........Petitioners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for Leave to Appeal No. 970 of 2005 (From the Judgement and order dated 05.07.2005 passed by the High C......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Property Law | Date: | Hits: 35
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
.... the father of the plaintiffs from the original landlord upon execution of a registered kabuliyat in the year 1943 and the language and terms of the kabuliyat indicate that the same is not such an agreement which will terminate automatically at the end of one year term as specified therein; the ......ip;……Petitioners Vs. Khariat Hossain and others.....................Respondents Judgment July 23, 2006. Lawyers Involved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hoss......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....nbsp; respondent No. 4 duly paid the premium and after getting the building plan approved constructed a two storied residential building on the eastern side of the above plot; in terms of an agreement for sale between him and the petitioner, the respondent No. 4, in the month of December 1......Senior Advocate, instructed by S.R. Khoshnabi, Advocate-on-Record- For the petitioners (In both the cases). Not represented- Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 751-52 of 2004. (From the judgment and order dated 13.3.2004 passed by the Hi......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......e-on-Record- For the Respondent No. 2. Civil Petition for Leave to Appeal No. 994 of 2004 (From the Judgment and Order dated January 21, 2004 passed by the ...... 2. The plaintiff Pubali Bank filed the aforesaid money suit for a decree of Tk. 78,11,629.36 with interest at the rate of 20% per annum till realization of the same and also for the order to sell the mortgaged property. 3. It appears from the materials on record that defendant No.1 ..Category: Civil Law | Date: | Hits: 105
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