Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)



Real Estate Development and Management Act, 2010 (রিয়েল এস্টেট উন্নয়ন ও ব্যবস্থাপনা আইন)
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Section 2(2)

The Appellate Division observed that the “real estate” is conceptually and practically quite different from the immovable property as defined in the Transfer of Property Act. Two other definitions, namely, "ক্রেতা and রিয়েল এস্টেট ডেভেলপার বা ডেভেলপার" are also relevant to understand the concept of “real estate”, a new phenomenon of immovable property different from the property” as defined in the Property Act.
Comprehensive Holdings Limited and another -Vs.- MH Khan Monju and others. (Civil) 11 ALR (AD) 136-144

Comprehensive Holdings Limited and another -Vs.- MH Khan Monju and others 11 ALR (AD) 136
Section 14

Whether the notice as required by section 14(2) of the Ain, was given to him or not is basically a question of fact and that cannot be decided without considering the evidence that has to be produced at the peremptory hearing of the suit.
Comprehensive Holdings Limited and another -Vs.- MH Khan Monju and others. (Civil) 11 ALR (AD) 136-144

Comprehensive Holdings Limited and another -Vs.- MH Khan Monju and others 11 ALR (AD) 136
Section 27

There is no allegation in the petition of complaint that there is no progress of construction of the second apartment or the petitioner has sold out the same to any other person. It has merely been stated that the petitioner did not complete the construction work of the second apartment. But since the complainant did not make full payment for above apartment he cannot expect the completion of the construction worker or transfer of ownership of the above apartment. In view of above materials on record we are unable to find any element of initial cheating in this case. As such section 27 of the Real Estate Development and Management Act, 2010 does not have any application in the facts and circumstances of this case. .....Adv. Abu Saleh Ahmadul Hasan Vs. The State, (Criminal), 19 SCOB [2024] HCD 161 ....View Full Judgment

Adv. Abu Saleh Ahmadul Hasan Vs. The State 19 SCOB [2024] HCD 161
Allotment of an Industrial plot

Allotment of an Industrial plot in Mirpur Government Housing Estate for running business–
We are of the view that since the appellants are in possession of the suit land by constructing factories and has been running business incurring huge expenses, though the appellants did not fulfill the conditions of the allotment letter, for ends justice, we are inclined to maintain the allotment of the appellants. The suit land is of such nature that the respondents will have to allot the suit land to someone else , if it is cancelled. So, ends of justice would be met, if the allotment of the suit land is maintained in favour of the appellants, because they had already made improvements of the suit land and constructed buildings as well as running business thereon. We are also of the view that further justice would be met if the appellants are asked to pay the present market price of the suit plot. In this case, the appellants have to pay the present market price of the suit land, not the price based on which the plot was allotted to them vide allotment letter dated 22.11.1980. The appellants are directed to pay a sum of Tk.75,00,000.00 (seventy five lacs) as market value in respect of the suit land of the case within 06 (six) months from the date of this judgment. In default, the appeal shall stand dismissed. ...Begum Hosneara Alam =VS= National Housing Authority, (Civil), 2021(1) [10 LM (AD) 174] ....View Full Judgment

Begum Hosneara Alam =VS= National Housing Authority 10 LM (AD) 174