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Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....nt and stating, inter alia, that by a deed of Heba-bil-Ewaz dated February 16,1945 Abdul Barik Mollah transferred the land of R.S. Khatian No. 118 to his wife Fuljan to discharge the obligation of payment of dower or in other words to discharge the dower debt, that after the death of Fuljan her ...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ..Category: Property Law | Date: | Hits: 21
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....there is also no evidence as to when the plaintiff started to possess adversely against real owners and when such possession became hostile; P.W. 1 in her deposition admitted that even after the full payment no attempt was made to get any document from the original owners and no demand was also made......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
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....read the oral evidence and misconstrued the pleading of the parties and ignored the vital peace of evidence i.e. the S.A. Khatian prepared in the name of the plaintiff and the rent receipt showing payment of rent by the plaintiff and thereupon held that the appellate Court on misreading and misc...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..Category: Property Law | Date: | Hits: 26
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....ility of the misappropriated money admitting that he alone defalcated the money and no one else was with him and also paid 50,000.00 by a cheque bearing No.035827 dated 04.05.1992 as part payment towards the defalcated amount and also prayed to the authority to adjust the rest defalcate......way of showing cause accepted the entire responsibility of the misappropriated money admitting that he alone defalcated the money and no one else was with him and also paid 50,000.00 by a cheque bearing No.035827 dated 04.05.1992 as part payment towards the defalcated amount and also p..Category: Criminal Law | Date: | Hits: 62
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....gh Court Division further held that the normal phenomena in wife killing cases is that the victim wife is either beaten to death or throttled to death by the husband out of rage or disgust for non-payment of dowry and that though it is well neigh impossible for the husband to cause death to his ......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..Category: Criminal Law | Date: | Hits: 58
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....ssessing the same as ejmali property with the defendants; that he has mutated his name for the said land vide Mutation Case No. 197 of 1987-88 and has been running his business therein on payment of rents and by holding trade licence from the Paurashava; that Ochi Miah was owner of the ......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....ers owned and possessed the entire property. Rokeya by a deed of Heba dated 11.1.1958 transferred 3.30 acres of land to her husband Abdul Khaleque Khan, who in his turn enjoyed the property on payment of rents in his name. It was mentioned that Sabiran Bibi and Rokeya had inducted a Korfa te......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....e also deposited Tk.15,00,000/- with the defendant as earnest money. Offer of the plaintiff was provisionally accepted subject to the fulfillment of certain terms and conditions which included payment of the balance amount of Tk.56,75,000/- within one month from the date of acceptance calcu......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..Category: Property Law | Date: | Hits: 33
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....er of Kushimpur and the C.S. record was prepared accordingly. Defendant No. 1, Gopal Baroi, took settlement of the suit land from the said Zaminder and he was in possession of the same on payment of rent. But the S.A. Khatian was wrongly prepared in the name of the Government for w......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....Bibi, the plaintiff became Mutwalli of the Waqf Estate. She maintained the property and incurred incidental expenditures of the Mosque. Some of the Monthly tenants of the Waqf properties defaulted in payment of rent. So suit was filed for eviction against those tenants from the Waqf property. She ha......ged to the plaintiff and 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 execution, her close relative..Category: Tenancy Law | Date: | Hits: 155
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....ctioned as a director of National Bank Ltd and so the High Court Division rightly discharged the Rule holding that the appellant failed to show that he has been absolved of the guarantee upon full payment of his liabilities within two months after receipt i of the notice dated 3.9.95 and he havi......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..Category: Banking Law | Date: | Hits: 112
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......tion of the statutory formalities for which the petitioner was asked to furnish the statement of account of the company which he was single handedly controlling and operating including signing of the cheques as the only signatory but the petitioner also did not provide the shareholders the state..Category: Business or Commercial Law | Date: | Hits: 151
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....ot sending the case on remand to the appellate Court for writing a proper judgment after discussing the evidence of P.Ws in its proper prospective in spite of the fact that the plaintiff proved the payment of consideration money and delivery of title deeds and delivery of possession of the suit ......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. ..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....ed in the different clauses of the waqfnama also shows that the wakif made clear provisions to ensure complete dedication in accordance with the requirement of Muslim law Clauses 1 to 6 provide for payment of allowance to different beneficiaries named in the waqfnama, Clause 7 provides that Rs. ......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....ioner-firm, M/s. Abul Hossain and Brothers approached the plaintiff-Bank on 09-06-1993 for financial assistance and accordingly the said Bank sanctioned Tk. 15,00,000/- on 22-09-1993. The period of payment(sanction period) was up to 31-08-1994; and for which the petitioner executed necessary charg......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..Category: Banking Law | Date: | Hits: 85
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
.... appellate court. 9. We have considered the submissions and perused the materials on record. 10. It appears that the plaintiffs explained the circumstances preventing them from making payment of the balance amount of salami stating, inter-alia, that they in good faith paid the amoun......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....ry, 1992 and the balance amount realizable from the plaintiff till 13.06.1994 stood at Tk. 32,448.00 and in such situation the defendants took rent of one room from plaintiff No.3 on 15.06.1994 on payment of security for Tk. 20,000.00that the rest amount for Tk. 12,464.00 was adjusted against re......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
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....e of Jairuddin, that Araben Nessa and Lokman son of Giasduddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government, that there is passage over the suit plot No. 837 and the said pa......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....n took the same to his Khas possession; Abdul Aziz, the father of the plaintiffs, then took pat-tan of the suit land by registered kabaliat in the year 1943 and went into possession of the same on payment of rent to the landlord and S.A. record was duly prepared in the name of Abdul Aziz; s......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
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....1967. The plaintiffs brought two suits, one 984 in 1962 another 134 in 1964 for ejectment of the defendants as monthly tenants from holding Nos. 13 and 12 respectively on the ground of default in payment of rent and bona fide requirement of the owner. 3. The defendants contested the suits by ...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34