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AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......nd directions of this court. The right of the petitioners to have allotment of plots in advance, for rehabilitation purpose are benefits that arise out of the land, and, as such, benefit is immovable property and such right is an inalienable right of the petitioners to the property. Despite notice g..Category: Property Law | Date: | Hits: 34
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ...... order or orders passed as to this Court may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddique was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter dated 23..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......vice of the plaintiff in this bank was guided by principle of master and servant Section 42 of the Specific Relief Act provides that any person entitled to any legal character, or to any right to any property, may institute a suit against any person denying, or interested to deny, his title to such ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....the respondent bank. Hence, in default the bank in its turn has the right to recover the said dues in accordance with law. However, on the prayer of the petitioner-company the respondent bank has rescheduled the loan amount on a number of occasions and the petitioner company in response to it has ......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......it No. 77 of 2000 for a preliminary decree of Tk. 85,66,535/- and in case of failure to pay the decretal amount, for passing a final decree for recovery of the decretal amount by selling the schedule property. The respondent No. 2 is a financial institution and was established under the Banking Comp..Category: Civil Law | Date: | Hits: 78
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......on, the rest of the bid money was not deposited within the period of 10 (ten) days as envisaged under sub-section (2) of Section 33 of the Ain. But it is to be noted that the auction of the concerned property of the petitioners was not sold in auction in pursuance of a decree or order as envisaged u..Category: Civil Law | Date: | Hits: 85
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....efect and nature of plot committed fraud upon the plaintiff. The defendant after executing lease agreement in favour of plaintiff received Taka 48,26,250 as first premium, rest three instalments were scheduled to be paid on 23-2-1991 for Taka 23,80,950, on 23-21992 for Taka 21,23,550 and on 23-2-1......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......-respondent to maintain status quo till disposal of the suit. 2. Fact necessary to dispose of this Miscellaneous Appeal, in brief, is that plaintiff and respondents are step-brothers. The suit property belonged to their father Bakhte Jamal Patwary who bequested each of them by executing about..Category: Property Law | Date: | Hits: 46
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......e Suit No. 30 of 1997. Both suits were filed by an Ammukter. The contention of the defendant No. 1 is, that the said Ammuktermama is a forged one. The plaintiff has relinquished her claim of the suit property as she got other moveable and immovable property. There is substance in the contention of t..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ...... of the child. "Thus, the Court of Chancery gave itself power to protect the child against parents/guardians with immoral and profligate habits. Essentially, the Court took interest in protecting the property of the child. This was taken a step further in 1828, even though no property rights was in ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ormalities he further requested to defendant Nos. 1 and 2 for executing deed of agreement but they failed to do so. Thereafter, he came to learn that defendant No. 1 was trying to mortgage the entire property including his apartment to the Bank for the purpose of loan. Thereafter, he approached to t..Category: Business or Commercial Law | Date: | Hits: 208
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ...... 2. The relevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs instituted partition suit No. 89 of 1996 praying for saham of ¼ share in the suit property according to partition deed No. 160 dated 23-12-1958. It is contended that on the basis o..Category: Property Law | Date: | Hits: 42
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......May, 1992 and June, 2005. The learned Advocate for the petitioner further submits that no notice or summons was served or received by the accused petitioner and no warrant of arrest and attachment of property was executed against the appellant and no proclamation was published giving notice to the a..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......rge against the accused Alhaj Abul Kashem is under section 420 of the Penal Code. 24. Section 420 of the Penal Code runs thus: Section 420. Cheating and dishonestly inducing delivery of property.- Whoever cheats and thereby dishonestly induces the person deceived to deliver any propert..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ...... the extent of Taka 44.00 lac for the said shares, which was twice the face value of the said shares. He has completed all the necessary formalities for obtaining registration of the transfer and the property of the shares vests wholly in the petitioner. It is submitted that the refusal by the compa..Category: Company Law | Date: | Hits: 181
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... 2 namely, Additional Deputy Commissioner Revenue, Dhaka, in charge of Vested Non-Resident Property and the Government of Bangladesh represented by Deputy Commissioner, Dhaka alleging that the suit property originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they we..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......he occurrence and since then accused Badsha Mollah nourished grudge against deceased Babu Mollah and very often used to threat him with dire consequences for depriving him from the enjoyment of the property of his father. After the occurrence the informant P.W.1 went to the local Police Station ..Category: Criminal Law | Date: | Hits: 42
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......minal breach of trust is provided in section 406 of the Penal Code. To establish a charge under section 405 of the Penal Code the prosecution must prove not only entrustment of or dominion over the property but it must also prove that the accused has dishonestly misappropriated or converted to h..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......efined in section 405 Penal Code. For our present purpose we shall refer to the relevant clauses of the said section. The first ingredient of the offence is that there ought to be an entrustment with property or with dominion over property to the accused by the complainant. If there is such entrustm..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......urt shall make such order or orders upon the parties as may seem just. He also refers to Rules 58-63 of order 21 C.P.C. regarding investigation of claims to, and objections to attachment of, attached property in execution of a decree. 12. Mr. A.K.M. Shafiqur Rahman the learned Advocate appearing ..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
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