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Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......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..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......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 ..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:......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:..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....der of respondent No.1 company, being the beneficiary owner of Account No. 12025300375-7944; that he holds 8098 (eight thousand ninety eight) share of public shares; that the Respondent No.1 was scheduled to hold its 19th AGM on 19-9-2005 in respect of financial year ended on 2004 but upon an a....... 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...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)
....t record. 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: ......- 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..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......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..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)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......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..Category: Property Law | Date: 15 May, 2011 | Hits: 100
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......any remedy, specially when Art.21 pronounces:
It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property.
Every person in the service of the Republic has a duty to strive at all times to serve..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. 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: ...... 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 ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....form 117. She did not lodge any GD with the police station about forging her signature in form 117. d) After receiving application from the defendant No.7 the Bank's Board of Directors scheduled a date for holding meeting upon transfer of those shares and at that stage the plaintiff w....... 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..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)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......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. ..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)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......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..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)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......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..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......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..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460....... 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..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......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..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
.... and cut away trees therefrom. On 15.11.1998 the defendants threatened to dispossess the plaintiffs from the suit land. After filing of the suit the defendants forcibly entered into plaintiffs "Ga" scheduled land and constructed a house thereon. 5. The defendant Nos.1-3 and 8 contested the su......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......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,..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ....... 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..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
.... Dhaka and renumbered as Title Suit. No.102 of 2004. In the plaint the plaintiffs stated, inter alia, that the defendant No.1-petitioner No.1 being a private limited company got allotment of the scheduled property on 30-7-1985 and as per Board Resolution of the Company one Kazi Golam Hussain be...... renumbered as Title Suit. No.102 of 2004. In the plaint the plaintiffs stated, inter alia, that the defendant No.1-petitioner No.1 being a private limited company got allotment of the scheduled property on 30-7-1985 and as per Board Resolution of the Company one Kazi Golam Hussain being the Ch..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
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