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Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......re the highest bid was Taka 28,15,000, 92,04,000 and 96,58,000 respectively but the execution court was not pleased to accept any of the aforesaid bids because of in sufficient price of the mortgaged property. The respondent No. 2 duly negotiated outside the court and filed an application to the cou..Category: Civil Law | Date: | Hits: 76
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ...... Khatun on 20-3-1978. Thereafter, Mehera Khatun transferred the said land to the plaintiff by a registered deed of gift dated 30-6-1990 and delivered possession. The plaintiff got release of the suit property from the list of abandoned property from the Court of Settlement. In first part of July, 19..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......e on the moveable and immoveable properties of Kalaroa Ice Cold Storage Ltd. and in Money Execution Case No.5 of 1988 the learned Subordinate Judge dismissed the money execution case only because the property described in column 2(a) of the execution case had already been sold. We are of the view th..Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......cific performance of contract. The suit was decreed ex parte by judgment dated 19-4-1985. The petitioner then got the kabala executed and registered through court in his favour but unfortunately, the property was wrongly enlisted as abandoned property. The petitioner then filed an application before..Category: Property Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......hich was subsequently renumbered as Title Suit No. 432 of 1982, for permanent injunction restraining the defendants opposite parties permanently from interfering with the plaintiffs possession in the property. 3. The suit was eventually decreed on contest and the said decree has been affirmed by ..Category: Procedural Law | Date: | Hits: 79
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......f appointment of Shebait by the previous Mohanta. In a proceedings under section 145 of the Code the Magistrate is required to decide which of the contending parties was in possession of the disputed property on the date of drawing up of the proceedings or whether two months next before such date on..
Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......tiffs laid a suit being Small Causes Court Suit No.3 of 1993 before the Small Causes Court Judge who is also the Senior Assistant Judge, Sadar, Comilla for a decree of ejectment of the tenants on the property described in schedule to the plaint taking stand that the defendant-tenants were defaulters..Category: Civil Law | Date: | Hits: 66
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ite party Nos. 1-3 has supported the judgments of the court below. Section 42 of the Specific Relief Act reads as follows: “Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such ..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ed error of law, which has occasioned failure of justice. Lastly, Mr Ahmad submits that the decree passed by the Assistant Judge asking the defendants to restore the possession should not be taken as personal relief but has to be considered right in rem and whenever any report as to violation of ord......hat the trial Court on proper assessment of the evidences on record decreed the suit for permanent injunction and granted a further decree for eviction of the defendants from that portion of the suit property from which the plaintiffs were found to have been dispossessed after filing of the suit and..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....f credit. The respondent No. 5, the Assistant Commissioner Customs by his letter dated 19-11-2000 asked the appellant to appear and to produce the documents in respect of the consignment and also for personal hearing of the appellant. 3. The appellant filed an application under section 138 of th......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......nts made in the application for condonation of delay the same was condoned. 6. The learned Counsel submitted that the instant Plot No. NE (0)-4 situated at Road No. 90, Gulshan, Dhaka an abandoned property belongs to the Ministry of Housing and Public Works like other abandoned property and RAJUK..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....he basis of the petition for review and the objection filed in this connection. The ground of the review was that the petitioner was not ill It is the case of the opposite party that the petitioner personally appeared before the Additional Deputy Commissioner (Revenue) Comilla on 9.7.84 in a mat......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
....sh Shilpa Bank. The said bank sanctioned Foreign currency equivalent to Taka 10 lacs and local currency of Tk. 14 lacs as loan after compliance of all formalities including mortgage of property and personal guarantee of the Directors of the company. The petitioner's husband after obtaining the loa......n to Bangladesh Shilpa Bank. The said bank sanctioned Foreign currency equivalent to Taka 10 lacs and local currency of Tk. 14 lacs as loan after compliance of all formalities including mortgage of property and personal guarantee of the Directors of the company. The petitioner's husband after obta..
Category: Banking Law | Date: | Hits: 151
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......ainst one Kafiluddin Islami for recovery of a loan of Tk. 50,000/- which was obtained by Kafiluddin in 1975. The appellant obtained on 22.6.79 an ex parte order of attachment before judgment of the property mortgaged in the suit. Such properties were mentioned in the schedule to the application ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......ced for over 40 years. He was presumed to be dead. His share devolved upon his only surviving brother Ismail and only surviving Sister Hosen Banu. Thus Hosen Banu inherited 5/18th share of the suit property and the plaintiffs as her heirs inherited the same. The defendant No. 1 Ismail who was the ..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......that 0.42 decimal of land of S.A. Khatian No. 92/105 of Mouza Balatala. P.S., Khulna was owned by Parimal Kumar Nag and Nirmal Kumar Nag having their residential building standing thereon. The said property was exchanged by them with Shamsu Ghani who gave his Indian Property to them in exchange. B..Category: Property Law | Date: | Hits: 36
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......rder dated 14.05.2008 passed in Writ Petition No. 4196 of 2007 by the High Court Division discharging the Rule. 2. The petitioner hereof filed the writ petition challenging the auction sale of the property consistence of 495 ajutangsha in C.S. Plot No.1418, in C.S. Khatian No.62, J.L.No.271, Mouz..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....Division for discharging their obligation. It was further held that “the court is to hold the balance between the state’s need to prevent prejudicial activities and citizen’s right to enjoy his personal liberty.” 16. The decision of the Appellate Division reported in 45 DLR (AD) 89 is one......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......umstances of this case could, in our opinion, lead to but conclusion. The vendee of a co-sharer owns an undivided khata in common with another is clothed with the same rights as the vendor has in the property, no more and no less. If the vendor was in exclusive possession; certain portion of the joi..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......s and CS Khatian was prepared correctly accordingly. Monohar Kaibarta Das died childless, subsequently Radhika Mohan Kaibarta Das and the sons of late Rajani Mohan Kaibarta Das transferred the entire property described in schedule ‘A’ to lndramati Dasya by a registered deed dated 9-10-1933 and i..Category: Property Law | Date: | Hits: 28
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