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Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)

....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ...... Order 9, rule 13 of the Code of Civil Procedure. 2. House Building Finance Corporation as petitioner filed Miscellaneous Case No. 28 of 1979 against the loanee-petitioner for sale of mortgage property for recovery of the outstanding loan. The loanee-petitioner contested the aforesaid Miscell..

Category: Procedural Law | Date: | Hits: 78

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....ikely to be affected by the proposed action which meets the requirement that justice must also be seen to be done. Procedural safeguards have their historical origins in the notion that conditions of personal freedom can be preserved only when there is some institutional check on the arbitrary actio......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..

Category: Property Law | Date: | Hits: 60

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......ginal plaintiff. The plaintiff possessed the suit land since then till his death. After the death of the plaintiff, the petitioners are in possession of the suit land. 5. In order to grab the suit property, one Kadam Ali got the VP Case No. 43/80 initiated and on 2-6-1980 obtained lease. When the..

Category: Property Law | Date: | Hits: 22

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......rther submits that the decree which was passed by the trial Court on 23-3- 1995 in Title Suit No.177 of 1994 cannot be cancelled now at the instance of the selfsame plaintiffs with regard to selfsame property inasmuch as the decree of the trial Court had been merged with the decree of the High Court..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......udicial function. The functions are much more in the nature of a fiscal enquiry for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put into occupation of it with greater confidence than the revenue for which will be..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....ly carrying on their business became threat to the law and order situation and the respondent No. 3 with the help of the respondent Nos. 4 and 5 in order to normalise the said situation placed police personals in different places of Narayanganj town and the said sex-workers found roaming around were......ienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, ‘body, reputation or property of any person shall be taken except in accordance with law. Article 32 of the Constitution ..

Category: Constitutional Law | Date: | Hits: 264

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......ed another application for mutation. Thereafter, the said respondent No.6 by his letter dated 26.02.2006 informed the respondent No.1, inter alia, that as there was existence of two gifts of the same property and an affidavit was filed canceling the gift in faovur of the respondent No.1 that in vi..

Category: Property Law | Date: | Hits: 26

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......n of the Government. It is further stated that the respondent No.4, CPA has the sole authority to create any lease of their land and none of the respondents have any right to create lease of the said property owned by the respondent No.4 in favour of the writ petitioner neither 1.00 acre of land nor..

Category: Property Law | Date: | Hits: 33

Mithu Vs. State, 2009, 38 CLC (AD)

.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......ot know anything of murder incident and he was falsely implicated in the case as because a dispute arose in between Salma Begum wife of Mizanur Rahman's full brother and his mother in respect of land property sit­uated in Khilgaon Rehabilitation area. 5. The Druta Bichar Tribunal by the judg..

Category: Criminal Law | Date: | Hits: 46

Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)

....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......ssed by the High Court Division in Civil Revision No.371 of 2000, in making the Rule absolute and dismissing the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf ..

Category: Property Law | Date: | Hits: 23

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......onj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who pro­posed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haqu..

Category: Property Law | Date: | Hits: 17

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......e that this petitioner filed a suit being the Partition Suit No.25 of 1999 in the Court of Joint District Judge, Patiya, against the respondent Nos.1 to 8, praying for a decree for parti­tion of the property mentioned in the schedule to the plaint. 4. The case of the plaintiff, in brief, are tha..

Category: Limitation Law | Date: | Hits: 181

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......and daughter and thus the plaintiff Nos. 1-4 became the owners of .27 decimals of land in the suit plot by way of purchase and by inheri­tance. It is further stated that in S.A. oper­ation the suit property along with the property of plot No.643 has been wrongly recorded in the name of one Aderjam..

Category: Property Law | Date: | Hits: 43

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......e in the record the name of one Azim Munshi was shown as owner-possessor of 3.82 acres of land mistakenly, asserting, amongst oth­ers, that the plaintiff has no right, title and interest in the suit property. 4. The plaintiff adduced three witnesses and the defendant adduced four witnesses i..

Category: Property Law | Date: | Hits: 21

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......mutat­ed his name and paid electric charges, gas bills, WASA bills and taxes to the City Corporation. The petitioner subsequently came to know on 7.8.1996 that her build­ing was listed as abandoned property in Bangladesh Gazette extraordinary in Ka list dated 23.6.1986 when she approached the hous..

Category: Property Law | Date: | Hits: 21

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......foresaid ex-parte decree and by an order dated 27.3.1975 the operation of the ex parte decree was stayed but the appellant in spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, d..

Category: Civil Law | Date: | Hits: 105

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

....with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ......se and the respondent bank filed Money Execution Case No. 38 of 1995, which was renumbered as Money Execution Case No. 41 of 2004, for satisfaction of the decree, if required by sale of the scheduled property through auction. The decree holder bank, having taken step for auction sale of the property..

Category: Civil Law | Date: | Hits: 121

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ...... The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the con­vict appellant number 1 over the landed property since long; that on 28.10.2003 at about 11 A.M. the brother-in-law, namely, Md. Kamrul Isla..

Category: Others | Date: | Hits: 66

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......on of the statements of all immovable and movable properties owned and possessed in his name and in the name of his wife or in the names of any other persons and the source of acquiring/own­ing such property. 5. On 20.06.2007 the respondent No.1 filed wealth statement. 6. On 27.09.200..

Category: Others | Date: | Hits: 106