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Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
...., for the ends of justice the learned Judge of the Adalat should be directed to dispose of the application for condonation of delay filed in the execution case and the order of attachment of the property /the order of Civil custody/ warrant of arrest should also be set aside. 9. In view...... Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents Judgment June 20, 20..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)
....s father Sultan Uddin Bhuiyan was a bargadar under the pre-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...............Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....or in the alternative for partition. The cause of action of a partition suit is recurring. The plaintiffs may have recourse to legal measures before the appropriate Court for partition of ejmali property if their claim is not otherwise barred (emphasis supplied). 10. The findings arri......lam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....endants claiming title proper genealogy of driving title by plaintiff was not made, there is defect in the genealogy of acquiring title by the plaintiff and there is defect in the schedule of the property which constitute formal defect, by which if the suit and appeal, it is settled law that ......………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......Hassan J Chairman, Rajdhani Unnayan Katripakkha, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawy..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
..... He by referring to section 30(1) of Companies Act submitted the section 30 defines the nature of shares as "the shares or other interest of any member in a company shall be deemed to immovable property and shall be transferable in manner provided by the Article of the company". Mr.......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....- as cash credit hypothecation and Tk. 10,00,000/- as cash credit pledge, in all Tk. 12,00,000/- in favour of the plaintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction...... (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result T..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....on 57 of the Artha Rin Adalat Ain, 2003 (shortly Ain, 2003) stating, inter alia, that the petitioner was willing to pay the entire outstanding dues if the petitioner was allowed to sell the mortgaged property by private negotiation. The petitioner prayed for granting a certificate authorizing him to......urt Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: Th..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....ds by a properly constituted partition suit and whether the High Court Division is justified in restraining the Government and the RAJUK from removing the unauthorized constructions till the disputed property is partitioned by the civil Court. 3. Writ petitioners challenged the purported actions of......ppellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
.... Sherpur Town Branch on 23.03.1987. The defendant applied to the bank for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule ...... Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge,..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
..... share "Share" means a share in the capital of the company, and includes stock except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made fo......Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment May 8, 2011. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....curity for payment of the debt of a person, primarily against in person, and secondarily against the res since the failure of the person in discharging his debt shift’s the burden of payment to the property, i. e. the vessel M. V. BF Glory. 59. The contention of the learned Advocate Mr. AKM. ......ted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Represented by their local agent defendant No.5 M/S. Mariners Transport System Co..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....dventure may be the subject of a contract of marine insurance. (2) In particular there is a marine adventure where— (a) Any ship, goods or other moveables are exposed to maritime perils. Such property is in this Act referred to as “insurable property”; (b) The earning or acquisition o......or, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, owne..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....Nos. 173 and 174 in respect of the suit land were published in their names. They were in possession of the same through their bargadar, Meher Mondal. After their death plaintiff Nos.1-4 inherited the property of Farek Uddin and plaintiff No. 5 inherited the property left out by Forman Ali. They were......nd down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....nt who commits or attempts to commit criminal misconduct*** shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both and the pecuniary resources or property to which the criminal misconduct relates may also be confiscated to the state." 3...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
.... she filed the false case for the purpose to create pressure upon the accused. So that, they are evicted from their hut as they are new comer in the locality from Noakhali and her father can grab the property. 13. P.W.2 Md. Tafazzul Hussein, cousin of the victim, deposed that he heard about vic......ssistant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirja..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....e suit maintainable in its present form? 2) Is the suit barred under section 42 of the Specific Relief Act? 3) Whether the defendant Nos.1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974? 4) Whether the defendant Nos.1 and 2 had authority to wi......is also Reported in: 65 DLR (HCD) (2013) 543 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....ithout serving any notice upon him, an ex parte Judgment was passed against him on 19-3-1974 and thus Execution case No.4 of 1975 was filed and the present petitioner auction purchased the valuable property of him. The said auction was confirmed on 25-11-1975. The said auction was not in proper,......l Hoque J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous App..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
..... By the first order the learned Judge, on an application filed by the decree holder-bank, fixed a date of auction on publishing auction notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected his (petitioner’s) application for rejection of the execution c...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Ali ………………….....................Petitioner Vs. Bangaldesh Bank and others ………..........Respondents Judgment February 22, 2011. Result The..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187