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Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating, inter alia, that the land measuring 1.1......and 0.29 acre of land which previously possessed by the tenants of Barada Kanta Chakravarty now is being possessed the tenants under the Government, that Barada Kanta Chakravarty did not sell .81 acre of land or any land to the plaintiffs and in 1969 said Barada Kanta Chakravarty had n..Category: Property Law | Date: | Hits: 40
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of 2005) Bangladesh repre......that Md. Zahangir Alam the respondent No. 1 in Civil Petition No. 223 of 2005 filed Writ Petition No. 1463 of 2004 stating, inter alia, that the Ministry of Housing and Public Works decided to sell out 374.31 metric tons of old Iron and steel materials lying in the go downs in Sylhet P...Category: Civil Law | Date: | Hits: 97
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....No. 9. 4. The suit was contested by the defendants by filing written statement denying the material averments made in the plaint and stating, inter alia, that they on the basis of a written agreement of November 14, 1959 with plaintiffs' predecessor Hazi Mir Baksha Miah, although prior to......in J Kazi Md Abdul Kuddus and another……………Appellants Vs. Kaimon Bewa and others...........................Respondents Judgment October 18, 2006. Case Referred to- Solaiman (Md) vs Siifia Akhtar ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....also be mentioned which runs as follows: "120A. When two or more persons agree to do, or cause to be done,— (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: 74. From the evidence of witnesses, specially P.Ws......n, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No. 444 of 2006 & Jail Petition Nos. 6 of 2006. Abdur Rezaque Khan, Additional Attorney-General (Helaluddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General w......n he admitted that he did not know accused Mamun from before. 26. P.W 2 Abdul Barek Khan, a shopkeeper having his shop near the place of occurrence, deposed that during April May 2005 he saw a man selling honey and on query the man disclosed his name as Mehdhi and used to come to his shop off and..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....the estimated costs, being found lowest were accepted and accordingly, work orders were issued in his favour on 12-1-1987 and then formal contracts in respect of Groups A, B, C and D works and formal agreement in respect of Overhead Tank were executed on 14-1-1987, the respondent No.1 deposited Taka......wherein it was mentioned that the estimated costs for the above constructions of the above Groups A, B, C and D will be Taka 51,37,007, Taka 53,11,307, Taka 53,06,932 and Taka 51,64,436 respectively, total being Taka 1,83,28,474, and construction works were to be completed by 270 days. Similarly, fo......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....fer had become effective under law. The question of waiver of the right would arise only after the registration of the kabala. The right of pre-emption could be waived or relinquished by a specific agreement. In the instant case it is not alleged by the pre-emptee opposite parties that the pre-emp...... January 11, 1990. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the la......uisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the buyers to purchase it and himself negotiated the price. ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......dgment June 14, 1989. Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premiu......as allotted under a Lease Agreement to respondent No. 2, Shamsuddin, in 1965 for his residence, but he immediately after taking possession entered into an Agreement with respondent No. 1, Ibrahim, to sell it on a consideration of Tk. 4000/- out of which he received Tk. 2000/- promising to execute th..Category: Property Law | Date: | Hits: 40
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ...... his heirs1 (a): Md. Ruhul Amin and others.....Petitioners Vs. Mohammad Tafazzal Mondal and others.............Respondents Judgement June 19, 2006. Case Referred to- Bhagoban Das vs. Mahadeb, AIR 1923 Allahabad 298. Lawyers Involved: S. M. Z......r the possession of the defendants who, on query, told the plaintiff that they purchased the suit land from one Afsar Ali Gazi who having no title and interest in the suit land, had no authority to sell the same and, in fact, the defendants, in connivance with Afsar Ali Gazi, used the death of th..Category: Property Law | Date: | Hits: 28
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....s to become shareholders and sponsor directors of the respondent Bank and thus the received money from the interested persons as a bearer only to deposit with the respondent No.3 as security of their agreement to be the shareholders of the proposed Bank company. But petitioner No.1 with a mala fide ......on No. 20 of 2004). Not represented-.Respondent Nos.3-5 (In Civil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......24, 2004. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed by the High......elves to be the owners-in-possession of 2.141/2 acres of land of C.S. Khatian No. 229 and S.A. Khatian No. 439 appertaining to C.S. and S.A. Dag No.134 within P.S. Gulshan, District Dhaka proposed to sell the same to the petitioner and proforma respondent No. 4 at a consideration of Tk.29,25,000/- a..Category: Criminal Law | Date: | Hits: 50
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ll as causing annoyance and disturbance to the other tenants. 3.The suit was filed stating, inter alia, that the plaintiff let out the premises in suit i.e. shop Nos.1 and 2 to the defendant by an agreement dated September 1, 1988, that initially rent was fixed at tk.2.50 per square feet but late......r. Md. Ruhul Amin J Mr. Md. Tafazzul Islam J Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sa......ed between the landlord and the tenant fixing rent Tk. 200/- for each of the shop rooms. In the agreement between the landlord and the tenant, there was a clause whereby the tenant was given right to sell the possession of the suit shops to 3rd party. It was the definite case of the tenant that he p..Category: Tenancy Law | Date: | Hits: 180
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....mpany and carrying on business of plantation, cultivation, production and processing of tea and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate......ted company and carrying on business of plantation, cultivation, production and processing of tea and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....sbursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga town. The appellant having failed to repay the loan as per terms of the loan agreement the suit was filed by the respondent No. 1 against the appellant for realisation of the l......ust 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke r......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......cate instructed by Mohd. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondent Civil Petition for Leave to Appeal No. 1298 of 2002 (From the judgment and order dated 15.06.2002 passed by the High ......Nos. 1 and 5 contested the suit by filing two separate sets of written statements. They denied the material allegations made in the plaint. The case of defendant No.1 is that Abdul Aziz proposed to sell the suit land to him at a consideration of Tk.5,000/-. Accordingly, after receiving Tk.4,000/-..Category: Property Law | Date: | Hits: 30
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....No. 1 in the above suit and the predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agreement with the plaintiff for sale of the suit land at a consideration of Taka 30,000 and on rec......ip;.(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money i...... The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money in good faith and wi..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
.... Ali and admittedly Rustom Ali, after getting allotment of the suit land, did not construct any homestead on the same and allowed the defendant No. 4 to possess the suit land on the strength of an agreement, Exhibit-2, in contravention of terms and conditions of the allotment, inasmuch...... ......sary and they may construct additional sheds according to their requirement within their compound at their own cost with previous permission of the collector but the refugees will have no right to sell or otherwise dispose of the land and buildings; however, if any refugee migrated at any t..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....ef societies in all countries. In 1864, he founded the Red Cross. In that year similar national societies were also organised for the first time. The Convention of that year is the first multilateral agreement on the Red Cross. It committed the signatory governments to care for the wounded of war, w......etary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangla...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....Respondent Judgment November 27,1989. Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to b......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Shubra Nandi Majumdar……………………………................Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment November 27,1989. Resu......se for granting of probate. The Respondent filed an application in the said case for adding her as a party in that case on the allegation that the testator had entered into an agreement with her to sell schedule-1 property and made over possession to her. She further stated that she had already ..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 197...... grant from the President the school constructed the first floor of its building and thereafter applied to the government for purchasing the house on hire-purchase-basis and the Government decided to sell the house to the respondent on terms and conditions as stipulated in the letter dated 1.11...Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....z Ahmed Quoraisi, that the outstanding instalments were paid in due time, that since 1965 the lessee was running petroleum business by the name and style Green Birds and Company upon entering into an agreement with the then Pakistan National Oil Company and on the liberation of Bangladesh with the J...... represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ullah Malik vs. The Custodian of Evacuee Property, West Pakistan Karachi and others, 16 DLR (SC) 298; Lyallpur vs. Ch. Faq......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
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