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Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......vour of the defen­dant No.1, Azizul Islam, who also institut­ed Title Suit No.225 of 1983 renumbered as Title Suit No.89 of 1999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case in the other suit and vice versa. Ro..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

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. ...... 2545 dated 22-1-1975 and 27-1-1975 transferred the suit land to plaintiffs. After purchase, plaintiffs mutafed their names and sold some land to some other persons. Defendant No.1-5 treated the suit property as enemy property, served notice for eviction, whereupon plaintiff filed Writ Petition No.5..

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. ......ed FIR on 22-5-2007 with Rajbari P.S. against three accused persons including the petitioner alleging, inter alia, that the petitioner is the Motwali of Khandaker Wakf Estate. She illegally sold some property of Wakf Estate and misappropriated the proceeds of the same. The informant filed an applica..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ...... as defendants contested the said suit by filing a written statement. These defendants denied the material case of the plaintiff and stated, inter alia, that the plaintiff knowing fully that the suit property is an abandoned property prayed before the Ministry of Agriculture for release of the said ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......shall, without joining the Government which shall be a necessary party, file or proceed with any suit. (a) for the specific performance of any contract relating to the transfer of any immoveable property or for declaration of title to, or assertion of ownership of, any such property." ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ......eral meeting decided to amend its object clause to include a new clause, being sub-clause No. ........................... in the Memorandum of Association to facilitate the company to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advoc..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......d both as a weapon of offence or a shield of defence to all. Agreement or bainama unless converted to a registered sale deed it does not create any right, title, interest or title of the purchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Shei..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......er gave reply to the legal notice but unfortunately the  Bank  in  the  meantime published a notice in the daily Ittefaq dated 11-7-2010 for sale of the petitioner's mortgaged property under section 12 of Artha Rin Adalat Ain 2003 (in short Ain). At this stage the petitioner ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ...... any reference as to the Trade mark "PRAN FROOTO" is always makes a reference to the product manufactured and marketed by the petitioner under the aforesaid brand. The Trade mark "PRAN FROOTO" is the property of the petitioner. A total volume of sale of "PRAN FROOTO" mango juice is at Tk. 4376.70 mi..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ...... behind the plaintiffs and the defendants as his legal heirs' he has also left behind properties described in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building shop etc the property left behind by said Badsha Miah described in schedule Ka, Ga and Gha of the plaint has been..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......lip;…….Respondents Judgment  February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanc­tion of the Administrator. The language used in this sect..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

....ence adduced by both the parties, decreed the suit on contest by the judgment and decree dated 29-5-1981 holding that Jitendra Nath Saha was a citizen of Bangladesh and declaring his title in all the scheduled properties excepting the land of plot No. 509 on the ground that the suit land of plot No.......7 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Police Station-Sadar from the list of vested property. 3. The writ petitioner's case as stated in the writ petition, in short was that 3..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....efendant No.1) was signed on 18-10-2001, the first paragraph of the preamble of the said agreement reads as follows: "WHEREAS the land owner has offered his land executioned and described in the scheduled for developer in order to construct a G+5 stored (sic) building. The developer has agreed ......the share of defendant No.1 and the same was sold to the plaintiff. The learned Joint District Judge on consideration of sections 12(c) and 27 of the Specific Relief Act further held that even if the property under contract of sale is sold to a third party or remains in possession of the third party..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ......not go behind the decree. So the execution court does not have any jurisdiction to take into consideration of any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is settle prin..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... suit land to him and never received any earnest money from the plaintiff and never executed any bainanama in favour of the plaintiff. That the suit land along with other properties was the ancestral property of the defendant and his brothers and they had been possessing the same in ejmali and that ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. 3 was filed by the owner of the property seeking a declaration that the cancellation of the agreement of sale is valid and binding, ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

....on Syed Mozahar Hossain Chowdhury who died leaving son the defendant No.14 Syed Mirzarul Alam Chowdhury. That on 14.05.1994 the defendant No.14 Syed Mirzarul Alam Chowdhury exchanged the 'Ka' scheduled 0.47 acre land of the suit plot No.1029 with some land of the plaintiff by a registered de......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89

Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and oth­ers, 2011, 40 CLC (AD)

....record." Security of Tk. 1,000/- is to be deposit­ed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......e offered was satisfactory. Lastly on 14.01.2003 the mortgaged properties were again put in auction and this time six bidders participated in that auction and the highest bid offered for schedule "A" property was Tk.27,00,000/- and for the schedule "B" property was Tk.60,01,000/-. The executing cour..

Category: Property Law | Date: 15 Dec, 2011 | Hits: 81

JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

...., or both, as the case may be: Provided that such person may, instead of depositing the amount of the penalty as afore­said deposit only fifty percent thereof and fur­nish a guarantee from a scheduled Bank for the due payment of the balance: Provided further that where, in any partic......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14