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Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....predecessor of the respondent Nos.1-13 for Specific Performance of Contract. It's case is that Hazi Abdul Wazed, (the defen­dant) entered into an agreement on 26th January, 1997 for sale of the suit land at a consideration of Tk. 70,00,000/- and received Tk. 7,00,000/- as advance. It was stipulated......is petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....Miah died on 24-4-91 leaving behind the plaintiffs and the defendants as his legal heirs' he has also left behind properties described in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building shop etc the property left behind by said Badsha Miah described in schedule Ka, Ga an...... Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....1965 executed by his father Ahidulla as mutawalli of the waqf eatate in favour of respondent Nos. 1 (the defendant) on the ground that his father though executed the lease deed in respect of the suit land measuring an area of 0.92 acre, he did not pay the salami and rent and also did not take over p......her Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

....s at the rate of fees of RTPI, at Taka 2,000 per acre. The appellant faced financial crisis and under compulsion entered into an agreement on 14-2-1995 for conducting survey and preparation of detail land use plans of Uttara East area of Gulshan Thana and the rate of consultancy was settled at Taka ......and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

....judgment and order dated 4-9-1999 passed by the Additional Divisional Commissioner, Rajshahi Division in connection with VP Case No.1140 of 1977 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Po......ve petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....', she also found it not suitable for her. Then defendant No.2 again proposed to sell flat No.4-B of the project 'Heritage' at plot No.18, Road No.3, Banani, DOHS (hereinafter referred to as the suit land) at a consideration of taka 35,00,000. The plaintiff made further payment of taka 8, 00,000 in ......on is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

.... is totally misconceived one. Learned Advocates further submits that auction purchaser after purchase of the property, was inducted into possession and since then auction purchaser possesses the suit land and by this time auction purchaser improved the property by taking several development work the...... This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

....iff-respondent filed the above mentioned Other Suit No.136 of 2000 against this defendant-petitioner and oth­ers for specific performance of contract. The plaint case, in short, was that the suit land originally belonged to Umacharan who died leaving son Bijoy Sree Barua. That Bijoy Sree Barua w......or leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......executed any bainanama in favour of the plaintiff. That the suit land along with other properties was the ancestral property of the defendant and his brothers and they had been possessing the same in ejmali and that a Partition Suit being No.37 of 1994 was pending for partition of the ancestral prop..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

....ellant has no dispute personally with his brother Md. Monir Hossain regarding the allocation/division of portion of share of Motaleb Tower Project, as in the schedule of the contract their portion of land has been demarcated and identified separately, as such, the petitioner neither filed any statem...... 152     ......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152     ..

Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7

Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)

....had taken away the informant’s son and on the following day he was rescued. In cross-examination she stated that she herself did not see to kidnap the child or to rescue him. P.W. 4 Minu Begum, the land lady of the House from where the victim child was rescued, flatly denied the case and stated th......th, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

....nd operating the said Hotel with the respondent which has been registered under the Registration Act, 1908 on 22.10.2006. Under the said management agreement the petitioner was due to obtain required land upon lease from Bangladesh Railway for constructing the said “Hilton” branded hotel at Mouj......tion 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

....ee in Title Suit No.4 of 1998 passed by the Subordinate Judge (now Joint District Judge), Additional Court, Dhaka. 2. Both the appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. ...... Company, AIR (1955) Cal.298; Anwara Begum Vs. Md. Karimul Haque and others 5 BLC (AD) 119; Ma Shwe Mya Vs. Maung Mo Hnaung, 63 I.C. 914; Mojibur Rahamn Vs. Bangladesh, represented by the Secretary, Ministry of Works 47 DLR 232; Yousuf (Md.) Vs. M A Wahab 6 BLC (AD) 99; Uttar Pradesh Cooperative Fed...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

....12 in favour of the predecessor of the defendant Nos.1 to 11 is forged, collusive, inoperative and not binding upon the plaintiff and also for dec­laration of plaintiff's title in .47 acre of land by virtue of registered deed of exchange dated 24.05.1998. 4. The case of the plaintiff, i......miss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....at no authority could have arrived at it if the it applied its mind with rational perspective. We are of the view that rationality would be compromised if one fails to come out of the cloud cuckoo land in this regard. We, for ourselves, being inclined to echo Lord Diplocks view, are swayed to len...... impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

....ellip;……........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an import......Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89

Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and oth­ers, 2011, 40 CLC (AD)

....itioner filed an application before the Cantonment Board, Dhaka for mutation of her name. During pendency of the said mutation case the petitioner came to know about the auction sale of her purchased land and then she filed the application under Order XXI Rule 90 of the Code of Civil Procedure prayi...... Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......record." Security of Tk. 1,000/- is to be deposit­ed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..

Category: Property Law | Date: 15 Dec, 2011 | Hits: 81

Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)

....e and gave it to Zia Orphanage Trust, Bogra, which was deposited to the said Trust account in the Sonali Bank, Gulshan on 15-11-93. Tk. 4(four) lac was withdrawn from that account on 4-12-93 and some land was purchased for Zia Orphanage Trust spend­ing Tk.2,77,000 only. From the years 1993 to 20......th law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..

Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161

Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

.... Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and......order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

.... by Rosomoy Chandra Nath in favour of Abdul Hashem are forged, fabricated, void and not binding upon the plaintiffs. 3. The plaintiffs brought the suit stating inter alia that some 1.13 acres of land covered by two SS plots namely, 2088 and 2007 apper­taining to Khatian No.1220 of Mouza Kum......ovember 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sus......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....on of the TV station. The appellant-com­pany has employed about three thousand employ­ees in various levels all over the country. The appellant-company following all the provisions of law of the land and various NOCs issued by the Government and the BTRC as well carried out test-transmission s...... Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18