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Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
.... the writ petitioner company along with the earlier 0.75 acre of land. Subsequently pursuant to an eviction case filed earlier by the writ respondent No.4 against the-writ respondent No.1, due to non payment of due lease money, the writ petitioner company upon taking permission from the Court of Spe......1 and if that amount is paid then they are willing to execute the lease agreement in favour of the respondent No.7 which the respondent No.7, though not liable to repay, paid the entire amount by two cheques dated 26.12.2006 in favour of the respondent No.4 requesting the respondent No.4 to complete..Category: Property Law | Date: | Hits: 33
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....espondent filed the First Appeal No. 28 of 2004 before the High Court Division. After hearing, the High Court Division found that the petitioners admitted its failure to deliver the goods and offered payment of compensation of Tk. 3,15,560/- in lieu of goods and that since the plaintiff did not decl......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....sed against the survey report. Thereafter the plaintiff by its letter dated 26.05.1999 submitted its loss claim for Tk.33, 98,244.05. The defendant No.1, Shadharan Bima Corporation, instead of making payment of the claimed amount in terms of the policy, advised the plaintiff to file a suit against t......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..Category: Business or Commercial Law | Date: | Hits: 186
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....egularly. The writ-petitioners while rendering their service to the utmost satisfaction all concerns were informed of an office order dated 04.08.2002 issued by the respondent No. 3 to withhold the payment of Government portion of the salary of the writ petitioners from 01.06.2002. The writ respon......e, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ..Category: Civil Law | Date: | Hits: 84
....al allottee, namely, Imam Box on 18.8.62 who got possession of the building vide possession letter dated 22.8.62. After taking possession Imam Box started leaving there with member of his family on payment of House rent installments for the building and obtained receipt therefore. While owning a......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
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Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ged mutation in the name of the petitioner's mother was actually made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in separate jama was proper, that as to whether the appellant's mother ceased to be......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
....er.
5. But most unfortunately, the respondents defaulted in making its commitment and did not remit the sale proceeds to the petitioner. The claimant then issued a letter on 03.09.2002 demanding payment of the outstanding amount accrued during the month of July 2002 totaling BDT 20,......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
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Category: Alternative Dispute Resolution | Date: | Hits: 207
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....urvey the suit land was mistakenly recorded in the khas Khatian No.1. The plaintiff-petitioner first came to know about the wrong record of his land on 4.11.1990 when he went to the Tahsil Office for payment of the rent of the land, hence the suit he instituted on 30.1.1990. The defendant government......and there 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: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
....ld not be held. Further it appears from the provisions of Section-34 of the Artha Rin Adalat Ain, 2003 that the law provides for simple civil imprisonment of the judgment-debtor to compel to make the payment for satisfaction of the decree and is not an alternative punishment in lieu of payment of th......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
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Category: Civil Law | Date: | Hits: 121
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....e budget after completion of the project. The petitioners having been assured that the process was going on for their absorption in the revenue budget. They had continued to work to date even without payment and had not applied for any other government posts because of their legitimate expectation t...... ..Category: Employment/Service Law | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
....son. A shareholder is not the owner of the company or its assets. The company itself owns its properties. A share-holder is only entitled to the dividends, if declared. On winding up however, after payment of its debts, he is entitled to participate in the distribution of its assets. The liability...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....s rebuttable evidence as to possession which proceeds to show title in the land and that the Government by accepting rents has admitted the writ petitioner as tenant under it, since supported by rent payment receipt annexed to the writ petition and that the respondent. Forest Department could ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....d by the defendant No.1 and 2's father on 30th August, 1994. Pursuant to the said agreement the sale deed was executed on 29th September, 1994 and the deed was registered on 22nd October, 1994 on payment of the balance consideration money. He being a co-sharer had been in possession of the land.......arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ..Category: Property Law | Date: | Hits: 26
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....hose two issues learned trial Judge took into account pleadings of parties, evidence, both oral and documentary. Learned trial Judge considered two rent receipts, Exhibits-2 and 2(ka) in respect of payment of rents and came to hold that plaintiff in respect of 462 shahasrangsha land paid rent on 1......ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..Category: Property Law | Date: | Hits: 22
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....gly instituted the suit. 4. The defendant contested the suit by filing a written statement contending that Korban Ali, the owner of the suit land took loan from Karam Ali Sheikh and for nonpayment or said loan Karam Ali Sheikh filed a money suit and obtained an ex parte decree against the......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..Category: Property Law | Date: | Hits: 26
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....side the judgments of the Courts below in part and sent back the suit on remand to the trial Court for allowing the plaintiff to amend his pleadings by adding the prayer for recovery of possession on payment of proper court fee with a direction that the trial Court shall decide the question of recov......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..Category: Property Law | Date: | Hits: 20
....iso be added in section 330 providing enhanced punishment upto ten years Imprisonment with minimum punishment of sentence of seven years If hurt Is caused while in police custody or In jail including payment of compensation to the victim.
(b) 2nd proviso for causing grievous hurt while In such cu......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
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Category: Constitutional Law | Date: | Hits: 137
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....ivision discarded this view as erroneous. In this case the trial Court clearly found that DW 1 failed to prove the rent receipts Exhibit A series on the reasoning that he had no knowledge about the payment of rent and that these receipts were ante dated created for the purpose of the suit. This fi......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....dated 14.02.2004 fixing the consideration amount at Tk. 22,63,000/- for setting up a jewellery (gold) show room and accordingly an agreement was also made on 14.01.2004 and in terms of agreement down payment was made on 14.01.2004 and subsequently the monthly installments were being paid and the f......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
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