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Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......d land on 21.10.1974 and has been possessing. That the landed property measuring 0.50 acres was transferred to Idris Ali on 10.6.1966 who again transferred the same to the plaintiff by a registered sale deed dated 21.6.1969 in the benami of his son. Plaintiff transferred the said land to Jamat A...... on 21.10.1974 and has been possessing. That the landed property measuring 0.50 acres was transferred to Idris Ali on 10.6.1966 who again transferred the same to the plaintiff by a registered sale deed dated 21.6.1969 in the benami of his son. Plaintiff transferred the said land to Jamat Ali on ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......may bring a suit against the pawnor upon the debt of promise, and retain the goods pledged as a collaterÂal security, or he may sell the thing pleaded on givÂing the pawnor reasonable notice of the sale. No liaÂbility can be fastened on the pawnor for loss, if any, if the pawnee does not exercise......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... the Judgment and order dated 25-4-2007. Thereafter, on 14-3-2007 the decree-holder bank filed Artha Decree Execution Case No.3 of 2007 on the basis of that decree. On the very date of filing of that execution case the decree-holder bank filed an application praying for issuance of warrant of arrest......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....and costs. Thereafter the decree holder under Section 44A(1) of the Code of Civil Procedure (briefly as the Code) filed the certified copy of the said decree in the Court of District Judge, Dhaka for execution in Bangladesh and Money Execution Case No.01 of 2004 was started. Then, the learned Distri......risdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or (c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the C......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
.... upon the respondents to show cause as to why their failure to act in a timely manner and to comply with their legal and constitutional duties to take effective measures to prevent the imposition and execution of extra-judicial/legal penalties by way of framing and adopting and disseminating appropr...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
.... through the judgment reported in 15 BLD (AD) 35. Said Civil Petition for Leave to Appeal arose against the judgment and order of this Division rejecting the prayer for stay of the proceedings of the execution case. Facts as stated in the said Civil Petition for Leave to Appeal is that the petitione......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......ew, defendant No.3. The defendant No.1 sanctioned loan of Taka 2, 70,000 vide advise letter dated 21-3-1990 and as per terms of the advise letter, this plaintiff executed and registered mortgage deed No.1662 dated 5-4-1990 in favour of the defendant No.1 and also executed all charge docume..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... they would accept the same only at a discount price of US$ 96,500.00. The respondent by letter dated 20.7.2000 agreed to sell the goods at the above discounted price and requested Forbes to send the sale proceeds immediately. Subsequently the aforesaid payment was made to NCCBL, the bank of the res...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreement itself. If it is found that the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there be any ambiguity in executing the same, the Court ......rtue of general power of attorney to him to sell their respective proportionate share of the suit land. The plaintiff sincerely believed defendant No.1 very much and frankly entered into contract for sale by writing the above mentioned bainapatra and gave Taka 30,00,000 (thirty lakh) to defendant No......eeing Title Suit No.93 of 1999 for specific performance of a contract. 2. Plaintiff's suit, is that, the suit land was acquired by defendant No.1 by his own fund for his benefit, but some of the deeds were registered in the names of his sons, daughters and wife named, Nasir Uddin Harji, Nazli H..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....n order to give effect to the order of the Court. His or her appearance is ensured by means of a warrant if necessary. If he does not surrenÂder to the process nor his arrest is secured, then the execution of the order of the conviction and sentence in dispensaÂtion of justice is defeated. He ......opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......ng the aforesaid land after taking permission from the relevant authority as at that time law provides for such permission sold 36 decimals of land to plaintiff's predecessor by registered kabala deed No.6270 executed on 6th Aswin, 1373 BS corresponding to 23-9-66 and registered on 22-10-66 and ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
...., delivers to the plaintiff a Bank guarantee issued by ANZ Grindlays Bank Pic, 2, Dilkusha Commercial Area, Dhaka guaranteeing payment of the balance aforesaid money on the 91st day after the date of execution of the agreement and if the defendant paid the said money by that date, thereupon be entit......Stha dated 25-1-1995 issued by Deputy Director (Estate), Rajdhani Unnayan Kartipakha, Dhaka as void, ineffective, illegal and not binding on the plaintiff. Also for a decree for declaring any and all sale deed(s) executed and registered by defendant No.1, purportedly on behalf of plaintiff, is/are o......ed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No.23 of 1995. 2. Respondent as plaintiff, instituted the aforesaid suit, for a decree, amongst other, declaring the deed of agreement dated 15-6-1993 in between the plaintiff and defendant No.1-3 being deed No.6944 f..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ntract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so. There is no allegation that the Petitioner harbored any of the deeds listed in Section 405 PC, as cited above. 37. Section 418 presupposes ‘cheating&rsq..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ct, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so. 40. There is no allegation that the Petitioner harbored any of the deeds listed in Section 405 PC, as cited above. Section 418 presupposes ‘cheating’...Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......ation of the case was handed over to the And Corruption Commission, who after due investigation submitted charge sheet dated 23.9.2007. The allegation is that the accused persons were involved in the sale of 18 abandoned houses after evaluating the market price thereof and, in collusion with each ot......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(19) The executing Court cannot go beyond the decree and the said Court is bound to execute the decree as it stands. The executing Court cannot transfer any execution proceeding from his Court to any other Court unless his jurisdiction is taken away. The t......tted an application on 11.9.2000 for allowing him to purchase auction but that application was kept with record. The executing Court again directed the decree holder for publishing proclamation for sale through daily newspapers by order dated 16.10.2000 and thereafter the petitioners on several o......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......te parties Nos.5 to 10 and the preemptor Rizia Begum; that said Aslam Miah gifted his portion to opposite parties Nos. 13 to 15; that the seller Fakir Ahmed had no other land in the khatian after the sale in question and as such he was not made a party to the case; that the seller without any notice......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
...... 2nd Court, Dhaka, against the defendants petitioners and the
opposite party Nos. 3-9, praying for declaration of title in respect of Ka
schedule land and further declaration that Kha schedule Heba deed is illegal,
void, inoperatives, not binding upon plaintiffs and for recovery of khas
possessi..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....r his personal use, might, notwithstanding ample funds at his disposal, be encouraged to borrow money in the character of Shebait, allow a decree to be passed against him, acquiesce in the consequent execution sale, and ultimately, purchase the property in his private capacity." 27. It has...... a case of this description, if the purchase was allowed, precisely the same mischief would result as have been apprehended by eminent judges in cases of purchases of trust properties by trustees for sale. Indeed, the mischief might be of a more aggravated character, less likely to be discovered tha......ot;Kodaldoha Kalibari by the Hindu community" was shown as possessor. Subsequently, with a view to remove the complication that might arise in future, Abinash Chandra Ghosh and others executed a deed of Endowment on 1st September, 1947 in favor of the Sree Sree Shashan Kalimata and the local Hi..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......r who purchased the 3.21 acres of land including the lands covered by the aforesaid four DP khatian from its lawful owners Bamacharan Pal, Boloram Pal, Hororam Pal and Gupal Chandra Pal by registered sale deed No.4911 dated 26-8-1952 and have been owning and possessing the same by constructing resid...... purchased the 3.21 acres of land including the lands covered by the aforesaid four DP khatian from its lawful owners Bamacharan Pal, Boloram Pal, Hororam Pal and Gupal Chandra Pal by registered sale deed No.4911 dated 26-8-1952 and have been owning and possessing the same by constructing residentia..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......
opposite party No.1 collusively and no notice of transfer has been served upon
the pre-emptor petitioner and after obtaining the certified copy on 31.12.1970
the petitioner came to know about the sale finally and filed the preemption case
depositing consideration money along with 10% compensati......such statement
filed this pre-emption case but not a scrap of paper showing his title filed
before the Courts but only filed S.A. Khatian
in as much as he submitted that the S.A. Khatian
is not a deed of title but only such Khatian
proves the possession and that S.A. Khatian
has no presumption..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
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