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Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......ession in the suit land and possessed the same upto 1376 BS. But the defendants are not allowing the plaintiffs to enter into the suit land from Ashar, 1377. The defendants have no right, title and interest in the suit land. Hence is the suit. 4. Defendant No.1 contested the suit by filing a writ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......ides making submission on the point on which leave had been granted, has submitted with reference to ground No. II of the concise statement that the 3rd party applicant-respondent, having claimed his interest in the subject matter of the revocation miscellaneous case on the basis of his alleged purc..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... rights cannot be corrected by any other method open to the judiciary to adopt. The right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the State as a shield. If civilisation..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......70 in respect of 7 S.A. plots measuring 5.17 acres of land. The Rule was issued in the terms prayed for. 3. In the writ petition, it was stated, inter alia, that Moqbul Ahmed, predecessor-in-interest of writ-petitioner No.1 filed an application before the Assistant Commissioner (Land), Tej..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......eing implicated in any case before the International Crime Tribunal as his present age, according to him, is 41 years. The milestone case in our jurisdiction on the question of locus standi in public interest litigation is Dr. Mohiuddin Faroque’s case [49 DLR (AD), which expanded the then exis..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......hibit-E).
8. After hearing the parties, the Tribunal passed the Arbitral Award dated 21-6-2009, which was unanimous except the dissenting judgment of Mr. Justice Awlad Ali in respect of awarding interest against the 2nd party BSMMU in the said award. The Tribunal directed the 2nd party BSMMU to..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......r more than 12 years to the knowledge of all defendants and others and thus acquired title thereto by adverse possession. In the third week of November, 1982 defendant Nos.1 to 4 claimed title to and interest in the first schedule land [attracted by Sylhet Survey (SS) Plot No.3428 and 3432] and gave..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......39;let' was presumed to be good service." In the case of Abdul Aziz Vs. Abdul Majid 46 DLR (AD) 121 wherein it is held that "If the period of lease expires with efflux of time or if the interest of he lessor is transferred, that will be a good ground for eviction of a tenant under the ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......tion; b) the High Court Division acted illegally in rejecting their petition in-liminc, inasmuch as, they filed the writ petition in their personal capacity and even though they have no personal interest in the post of Managing Director, they have the right to prevent the interference in the in..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......g evidence. Admittedly respondent No.6 raised a very serious allegation that he was dispossessed from a land which was not the subject matter of mortgage and that the judgment-debtor did not have any interest whatsoever in his land. He further stated that he was illegally dispossessed from his land ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......lusion with the defendant Nos.3 and 4 declared the suit land as enemy property and settled the same to the defendant No.3 in E.P. Case No.49/69-70. That the defendant Nos.3 to 9 have no right, title, interest and possession in the suit land. The defendant Nos.1 to 3 threatened the plaintiffs with ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......ts of land. Delay in disposal of the suit cannot at all be a ground for appointment of a receiver in respect of the suit land…………………..(20) In a suit for partition not merely the interest of the plaintiffs but also the interest of all the parties to the suit need be protected. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ...... impugned judgment and decree dated 20-4-1999 holding that, the defendant was not a defaulter in paying rent and no attornment was made as required by law and the defendant is entitled to protect her interest under section 18(5) of the Premises Rent Control Ordinance and also found no bonafide requi..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ...... did not make any response. As the goods have not been released, port demurrage and container charges are incurring each day and thereby the petitioner has been suffering a huge loss including bank interest. As per provisions of the Customs Act and the Rules framed thereunder, the respondents we..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......on 21-3-2001 instituted Title Suit No.69 of 2001 before the Artha Rin Adalat No.1, Dhaka (hereinafter stated as the Adalat) for recovery of loan amounting to Tk. 4,59,97,042 as stood on 31-1-2000 and interest therein till realization impleading the Company and others as defendants of the suit. The s..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......o be dismissed. 8. At the commencement of the trial 6 (six) issues were framed by the trial court including 2 (two) issues as to the effect that whether the plaintiffs have got any right, title, interest and possession in the suit land or not and to the effect that whether the suit schedule lan..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......id Ali whose name was recorded in R.S. khatian. That one Abdul Latif was the superior landlord of the suit land who used to receive rent from Nabid Ali since 1925. After acquisition of rent receiving interest by the government Nabid Ali continued payment of rent in favour of the government for the..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......execute prescribed instruments to transfer the said shares in the name of the Plaintiff, but they did not pay any heed to it.
5. Due to non-payment of the balance amount government charged penal interest, the plaintiff filed a title suit being No.9 of 1999 (re-numbered) before Joint District Ju..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......act from the side of the defendants and that also fact of possession having been established by the plaintiffs by reliable and credible evidence and consequent thereupon having had acquired right and interest of unassailable character the High Court Division and the appellate Court were not in error..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......mediate stage. Another test to be applied is to see whether it is allowed to proceed. If the facts of this case is judged with the above mentioned tests, then it is a fit case for interference in the interest of justice and to stop abuse of process of laws. 23. The inherent power under section ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
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