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Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....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. ......, whereby tender was called was not an integral part of the contract. It is only in this exhibit the forfeiture clause was mentioned. Ext.1 required submission of the tender in the prescribed application form, Ext.3, which did not include any forfeiture clause. Furthermore, the acceptance o..Category: Property Law | Date: | Hits: 33
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....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. ......n of the names of the defendant Nos.2 and 3 and others on record and receipt of rent from them by the Thana Revenue Officer. 5. The plaintiff appellant thereafter preferred a revisional application before the High Court Division and the learned Single Judge of the High Court Division ..Category: Property Law | Date: | Hits: 35
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......aforesaid judgment and order of conviction Criminal Appeal No. 4561 of 2003 has been preferred before; the High Court Division and during pendency of the appeal the respondent Md. Alauddin filed an application for bail and he was fugitive from trial for many days during the trial but still was a..Category: Criminal Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....Mendi Mia, Mogol Bibi his second wife became the owner of rest 2/3rd share of the property. The plaintiff filed an application before the Waqf Administrator seeking permission to execute and register fresh deed in favour of defendant No. 1. The Waqf Administrator permitted the plaintiff to transfer ......hare of the land to Sahera Khatun, daughter by his divorced wife. After the death of Mendi Mia, Mogol Bibi his second wife became the owner of rest 2/3rd share of the property. The plaintiff filed an application before the Waqf Administrator seeking permission to execute and register fresh deed in f..Category: Tenancy Law | Date: | Hits: 155
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
.... at 57 now 83 Banga Bandhu Road, Narayangonj but subsequently, perhaps thinking that since the suit was a partition suit and summons should be served properly changed her earlier decision and by a fresh application dated 12-08-2005 amended the plaint and took steps to issue fresh summons at the ...... now 83 Banga Bandhu Road, Narayangonj but subsequently, perhaps thinking that since the suit was a partition suit and summons should be served properly changed her earlier decision and by a fresh application dated 12-08-2005 amended the plaint and took steps to issue fresh summons at the new ad..Category: Property Law | Date: | Hits: 24
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ...... after hearing allowed the appeal. The plaintiffs then moved the High Court Division obtained Rule in Civil Revision No. 1977 of 1994. During the pendency of the above Rule the plaintiffs filed an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint which ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......ettlement by memo dated 301.11.1982 informed her that mutation could not be allowed as the building had already been included in the list of abandoned buildings. Thereafter, she filed an application for release of the building and the Deputy Commissioner, Chittagong by his Memo dated&n..Category: Property Law | Date: | Hits: 27
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. ...... Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment dated 9.5.2005 passed by Company Bench of the High Court Division in Matter No. 4 of 2005 rejecting the application filed by the petitioner under section 81(2) read with section 85(3) of the Companies Act..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
.... made by the lower appellate Court and with further direction to the trial court for giving opportunity to the parties to adduce further evidence "if it is at all necessary" and also for fresh consideration of the evidence already on record by the trial Court if so be felt necessa...... trial in the light of the observation made by the said Court. 9. The High Court Division in the background of the observation of the appellate Court without disposing of the revisional application on merit sent the suit back to the trial Court for disposal afresh in the manner as sta..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ...... the materials on record by the courts below; the submission of the learned advocate of the petitioner that the suit was barred under auction 66 of the Code of Civil Procedure has no application in the facts and circumstances of the present case; the defendant Nos. 1-3 who al..Category: Property Law | Date: | Hits: 63
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....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. ......salman Waqf Validating Act 1913, but the learned Judges failed to properly construe the same. He further submitted that the two reported cases relied upon by the learned Judges have no application to the facts of this case. 8. On close examination of the different clauses of ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......n-agricultural land and the different requirements of the two laws, regarding transfer of such land by gift. It may, however, be mentioned that there is on indication in section 129 restricting its application only to a particular class of lands, that is, non-agricultural land as section 23 of the..Category: Property Law | Date: | Hits: 37
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......oners and others on 15.06.2004. The case was registered as Druto Bichar Tribunal Case No. 26 of 2005 and was pending before learned Druto Bichar Tribunal, Rajshahi. The accused petitioners filed an application under Section 526 of the Code of Criminal Procedure before the High Court Division pra..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......; 3. During pendency of the trial the accused petitioner filed an application under Section 526 of the Code of Criminal Procedure read with Section 4(4) of the Druto..Category: Criminal Law | Date: | Hits: 64
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....ng 6.32 acres of land by heba-bil-ewaz dated 5.2.1982 to the pre-emptee petitioners ceased to be co-sharer of the case holding. 5. The learned District Judge, after hearing afresh, found that Malekun by deed of heba-bil-ewaz 5.2.1982 transferred 6.32 acres of land to the p......he learned District Judge, after hearing, allowed the appeal dismissing the pre-emption case holding that the land under pre-emption having already been transferred to the pre-emptee petitioners no application for pre-emption was maintainable. The pre-emptor respondent No.1 then moved the High Co..Category: Property Law | Date: | Hits: 34
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....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. ......dants. At last on 06-04-1996 the plaintiff-Bank issued a final demand notice to the defendants for repayment of the Bank loan; that on receipt of the said notice of demand the defendants filed an application on 24-03-1997 praying for amicable settlement and by which the defendants deposited Tk.1..Category: Banking Law | Date: | Hits: 85
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ...... Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 19.03.2005 passed by a Single Bench of the High Court Division in S.A. No.302 of 1979 rejecting the application for restoration of S.A. No. 302 of 1979 which was dismissed for default for non-compli..Category: Procedural Law | Date: | Hits: 97
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......he Court of Munsif (now Assistant Judge), Ghatail, District-Tangail for partition of ejmali property. The suit was decreed ex-parte on 28.09.1989.Thereafter, and the defendant-petitioners filed an application under Order IX Rule XIII of the Code of Civil Procedure to set aside the ex-parte decre..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....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. ......e trial court. 6. Hence is this petition. 7. In support of the petition Mr. M. A. Mannan, learned Counsel submits, inter alia that the High Court Division failed to appreciate correct application and purport of Section 8IB of the State Acquisition and Tenancy Act. 8. He furth..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......fusing to extend the lease area of the writ petitioner from existing 4 hectors to 20 hectors of land of the same Mouza. 3. The High Court Division by order dated 04.05.2006 allowed the application of the Respondent No. 11 for addition as party in the writ petition. On another applica..Category: Property Law | Date: | Hits: 52
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