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Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......ul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in RS khatian. Ismail sold his interest of the suit land to Abdul Jabbar. Abdul Jabbar was in possession, became owner of the entire property of the schedule land. Abdul Jabbar died leaving two sons, Abul Fazal and Abul Basar and two..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......, 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..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)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......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..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
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
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ive by the respondent no.3 vide it’s decision dated 10.02.2011(Annexure-A) without making either BGP (Bangladesh) International or BGP Inc., China National Petroleum Corporation a party or giving personal hearing, upon a review petition filed by the respondent no.8 purporting to be the sub-con......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ....... 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
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.....09.2007(Annexure-G series). Since the petitioner was facing severe financial crisis was finding difficulty to cope with the various expenses of his treatment, consequent thereto he had to sell his personal household goods belonging to him. Ultimately, the petitioner regained his health around 0...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....ates to a particular asset, the asset is encumbered” 13. The word, ‘owner’ means the person in whom is vested ownership, dominion, or title of property. He who has dominion of a thing, real or personal, which he has a right to enjoy and do with as he pleases. The primary meaning of the word a......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
....ts of the people of Bangladesh, such as, among others, equality before law (Art. 27), equal rights of women with men [Art. 28(2)], right to protection of law (Art.31), protection of right to life and personal liberty (Art.32) etc.
9. Besides, Article 148 provides for taking oath or affirmation ......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)
.... repeated request. Thereafter, Sarkum Ali took signature of the plaintiff upon form No.117 and transferred 30347 shares in favour of the defendant No.7, Moazzem Ali. Before said purchase, Moazzem Ali personally went to the plaintiff's house and had a discussion with her and her husband. The....... 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)
....en on the res has been considered in many cases in the common law jurisdiction. In THE CASTLEGAT-I reported in 1893 AC 38 Lord Watson observed that “a proper maritime lien must have its root in the personal liability of the owner”. 70. In the case of THE BOLD BUCCLEGGH, sir John Jervies pro......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)
....fore the claim of the plaintiff that he did not know anything about the arrival of the goods is false one made only to shift the liability to the defendant No. 8. The defendant No. 8 also through the personal contact with the plaintiff on several dates, informed and requested to retire the shipping ......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
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....and proved his (Khalilur Rahman’s) signatures on different tally books, seizure list and inventory. In cross-examination he stated that he was not at Naoapara godown at the relevant time and had no personal knowledge of the alleged misappropriation. 20. It appears from the impugned judgment tha......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
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)
....arters at any stage. 42. From the evidences it appears that no criminal offence has been disclosed against the appellant in respect of allegation of misappro-priation of any public money for his personal gain or made any allegation that by abusing his official power he had created an opportunit......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
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