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Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....;fession and was elected the President of Tangail Co-operative Bank Ltd. There was a project for construction of a new market at Choi Ani Bazar for which an allocation of Taka 27,00,000 was made. For execution of the project work there was a condition for publishing a tender notice in two national d...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
.....5 instead of accepting the recommendation directed the respondent No.4 to send a specific proposal with explanation for arriving at appropriate decision. The learned Judges further opined that after execution of a genuine person, a paper turns into a valid and enforceable piece of document. The lea......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....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. ......he suit property and other Class suit No.35 of 2009 filed by them is pending. It is also stated in the application that principal defendant, Mst. Khodeza Khatun by heba-bil-ewaj deed and also by sale deed, transferred 7.25 decimals of land to the applicant by different kabalas. Learned Judge on......table 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 possession having been transferred and d..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....just one guilty person has gone unpunished. (Williams, J., Proof of Guilt, 1955, p.133). "A people who are more disposed to shelter a criminal than to apprehended him; a people who are revolted by an execution, but not shocked to an assassination-require that the public authorities should be armed w......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520....... occurrence that the accused and their parents used to threaten them for compromise, that out of fear of reprisal, they were bound to compromise as he was a poor van puller. He produced a copy of the deed of compromise which was marked as Exhibit-Ka. The substance of his evidence is that the wit..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......969. 5. The finding of the Enquiry Committee regarding the accused-persons runs as follows: "Securities Consultants Ltd. 6. In foreign DVP bank statement there has been huge sales in this A/C. Total transactions in volume and value are 7,09,530 Nos. and Taka 27.14 crores re...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....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. ......cate Case No.188/64-65 was initiated and upon conclusion thereof the suit land was sold in auction in due process; Taheruddin purchased the suit land in the said auction held on 29-10-64 and the said sale was made absolute and certificate was issued in favour of Taheruddin on 20-1-1965; thereafter T......the year 1979; thereafter, Tullai having been in possession of the suit land got her name mutated in the record of rights and eventually she gifted away the suit land to her son Moklis Miah by a deed of gift dated 20-11-1986 and upon taking over possession of the suit land Moklis Miah got his n..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......l Abedin are the SA Recorded owner of Khatian No. 268 and dag No.1061 of 20 acres land. Subsequently they have sold 15.12 ½ acres of land to the instant predecessor of the plaintiff in several deeds, after purchased the said land, they have mutated their name. Thereafter, all of the purchaser..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....e defendant Paresh. 5. The basis of the plaintiffs claim is the compromise petition filed by their predecessor with Paresh Nath Dey in Money Suit No.3 of 1964 on 7th June, 1971 admitting the execution of the contract for sale earlier in January, 1964 and that as per terms of the solenama, ......prior to the contract...............................(15) Whoever claims or has taken a plea that he is a subsequent purchaser of the property without notice to the previous contract for sale, the onus lies upon him to prove such fact. Mere denial in the written statement that he has n......cording to the plaintiffs, the defendant Paresh filed a compromise petition on 7th June, 1971 with Hasan Ali Driver in the suit acknowledging the previous contract and agreed to execute a sale deed. The suit was accordingly dismissed on the basis of compromise and thereafter, as the defend..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......er descendants, namely Mundasi Roy Guha and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the complainant-opposite party and others by two registered sale deed dated 13-4-1993. However, the accused-petitioners created a false Power of Attorney in the......scendants, namely Mundasi Roy Guha and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the complainant-opposite party and others by two registered sale deed dated 13-4-1993. However, the accused-petitioners created a false Power of Attorney in the name..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....-collect the other names of the crew members. He stated his ignorance that whether the earlier power of Attorney executed in favour of the master of the vessel was cancelled. He stated that after the execution of the power of Attorney in his favour the crew members stayed in this country for a month......ropriated the cargo more than 7000 M. T. of Cement Clinker on board the vessel and also looted away the fittings and fixtures of the vessel and now attempting to get the scoop from the proceed of the sale of the vessel MV ACCORD, that is now lying with the registrar of the Supreme Court of Banglades......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....operly constituted. Drawing our attention to Rule 59(2) of the said Rules, he points out that although the sub-rule (2) of Rule 59 made it mandatory for the procuring entity not to publish notice for execution of procuring agreement once objection is filed before the head of the procuring entity, th......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
..... The appellant Shewly Akhter, her brother–in-law Golam Mostofa and some others were made accused in that case, wherein appellant No.1 Rustom Ali flatly denied his marriage with respondent No.2 and execution of any “kabinnama” to that effect, and also brought allegation of registering the “k......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......dential house in the said plot and had been possessing the same. Subsequently the lessee Md. Hossain Ali sold the said plot along with the structure thereon to one Ghulam Rabbani by a registered sale deed dated 24.06.1965. Ghulam Rabbani got possession of the said property and possessed th......solute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. Hossain Ali was allotted the plot in question by the Government by a registered deed of lease dated 06.04.1962 for a period of 99 years. The said lessee constructed a residential h..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... settled this four annas share with Abdul Gafur the predecessor of the plaintiffs. It appears that both the trial court and the lower appellate court, on consideration of the evidence including the sale certificate, kabaliyat etc. decided that Abdul Gafur became the sole owner of four annas share ......i. Karful Bibi gifted 1.48½ acres of land in favour of Abdul Wahid, Abdul Kadir and defendant Nos.1 and 2 by heba-bil-ewaj dated 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....gladesh Limited, the respondent No.2 got a decree in Artha Rin Suit Nos.29 of 2005 and 56 of 2005 against Capital Ship Breakers Limited, the petitioner's vendor in respect of the suit property. In execution of the said decree, the suit property was sold in auction. A sale certificate was issued .......29 of 2005 and 56 of 2005 against Capital Ship Breakers Limited, the petitioner's vendor in respect of the suit property. In execution of the said decree, the suit property was sold in auction. A sale certificate was issued in his favour and thereupon, the Artha Rin Adalat executed and register......suit property. In execution of the said decree, the suit property was sold in auction. A sale certificate was issued in his favour and thereupon, the Artha Rin Adalat executed and registered a sale deed on 23rd August, 2009 in his favour and also delivered possession to him. 4. The learned J..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
.... was filed for specific performance of a contract in which defendant Nos.2-4 appeared but subsequently did not contest and suit was decreed ex-parte. Defendant No.1 got kabala through Court by filing execution case and got possession. Defendants gifted 1.5 gandas of land to defendant No.7 and delive......rporated. Learned Advocate for the opposite party relied on the decision of Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13 wherein it is held that "Although on oral agreement for sale of an immoveable property is not barred by any law, nevertheless it has to be looked at with ......btained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Case No.25 of 1985 are illegal, inoperative, and not binding upon the plaintiff with further declaration that deed dated 18-1-1988 in favour of defendant No.7 by defendant No.1 as illegal not acted upon and n..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... Judgment-debtors having failed to pay the decretal dues, the Bank filed Money Decree Execution Case No.08 of 1995 before the Adalat in the year 1995 for realization of the decretal dues. The said execution case is pending before the Adalat and in the execution case on an application filed by ......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....point of limitation and submitted that the case is hopelessly barred by limitation. As to the point of limitation, there is no dispute that the case was instituted more than 8 years after the date of execution of the sale deed. Pre-emptor claimed that no notice was served upon her and as she was sta......on and submitted that the case is hopelessly barred by limitation. As to the point of limitation, there is no dispute that the case was instituted more than 8 years after the date of execution of the sale deed. Pre-emptor claimed that no notice was served upon her and as she was staying away from th......ing, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......re purchasers for value from plaintiff appellate when the suit was pending before the Lower Court having claim title and possession and no stay order was operating from the lower Court as to the sale of the land/property. 5. Although it is not so necessary, but it may be referred to as, d...... suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action; no prayer was made to chal..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ...... 4 of the said Capital Issues (Continuance of Control) Act, 1947 (as then was in force) also required the respondent No.1company to issue prospectus offering for subscription or publicly offering for sale securities stating that it has obtained consent of the Government. Under the provision of said ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
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