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Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ...... that in arriving at its finding the said Court carefully considered all the material facts and circumstances of the case and the evidence on record both oral and documentary and registered deed affecting the merit of the case. The learned Counsel for the plaintiff-respondent-petitioner co..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......ruddin was the Mutwalli of Khairuddin Kazi Wakf Estate situated at 102, Islampur, Kotwali, Dhaka. The great grand father of late Kazi Khairuddin was Khairuddin Kazi, son of Joynuddin Kazi who by a deed dated 21 Sraban 1297 (Annexure-A to the writ petition) appointed his son Kamaruddin Kazi as ..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....angers therein. The seller pre-emptee is their step brother and he sold the land under preemption without serving statutory notice upon them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the copy of the kabala filed the application of preemptio......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....angers therein. The seller pre-emptee is their step brother and he sold the land under preemption without serving statutory notice upon them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the copy of the kabala filed the application of preemptio...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....f the deceased Afazuddin to the morgue for post mortem, arrested the accused Hannan and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Thereafter he was transferred to elsewhere and so he handed over the case docket to SI Abeduzzaman, who on receipt of ......ence in accordance with law and the established judicial norms and principles, thereby fell in error in arriving at faulty conclusion on illegal and irrelevant consideration. The impugned judgment, indeed, occasioned failure of justice. 74. Now we turn to the law point as regard non-appointment..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......orm defendant praying for redemption of mortgage alleging, inter alia, that the plaintiff being the owner and possessor of the suit land mortgaged the same on 1-3-2000 on the basis of a registered deed and delivered possession in favor of defendant No. 1, who executed an agreement to recover the..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....r further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption against the transfer made vide Kabala deed dated 27-3-2002 by the pre-emptee Nos. 2-7, in favour of the pre-empt......as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption against the transfer made vide Kabala deed dated 27-3-2002 by the pre-emptee Nos. 2-7, in favour of the pre-emptee No.1. Admittedly, the p..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....is Act." There is also the provision under Section 108(1-D)(3) inserted into the Act of 1956 by the Act of 1996 as reads thus: "(3) Nothing contained in this section shall apply to transfer of security effected by the transferor and the transferee both of whom are entered as bene......y the learned Advocate for the Petitioners in Matter No.11 of 2008 Mr. Khandoker Mahbubuddin Ahmed, submits at the outset that various jurisdictions in the world have responded variously, but indeed, with no discernible sense of uniformity, with the consequences of depositories laws being ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... Md. Ishaque Mia, Additional Land Acquisition Officer and authorised officer on behalf of the Deputy Commission, Dhaka on 12.7.2007. It is, of course, true that Mr. Md. Ishaque Mia was under order of transfer when he issued the notice under section 3 of the Ordinance and he was succeeded by Mr. Biba...... of 2008, the facts, in brief, are: The petitioner purchased .64 acre of land of Mouza Jatrabari, P. S. Demra from the successor-in-interest of R.S. recorded owner Mr. Alauddin by the registered deed of sale dated 6.3.2000. The purchased land appertains to C.S. plot No.597 under C.S. khatian No..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....he judgment and order dated 29.07.2007 passed by the High Court Division in Criminal Miscellaneous Case No.11881 of 2007 whereby an application under Section 526 of the Code of Criminal Procedure for transferring the Nari-O-Shishu Nirjatan Case No.282 of 2003 under Section 9(4) of the Nari-O-Shishu ......above, 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: 16 BLT (AD) (2008) 311...Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....hort, MP imported a white color Lexus Jeep vide bill of entry No.C-179443 dated 13.03.03. After the jeep was cleared, it was registered as Dhaka-Metro Ga-11-4387. Said Mirza Azam then, on 26.12.06 transferred the jeep to the Metro Spinning Mills Limited upon receipt of part payment of taka 13,00......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....ited the entire property of his deceased sister. While Abdul Mannan had been in possession of the suit property as the 16 annas owner, by a registered heba-bil-ewaj dated 29.11.79 being No.45060 transferred the suit property in favour of the plaintiffs. The plaintiffs being minors their father ...... kabala executed through court on 27.02.1980 in Title Execution Case No.3 of 1980 of the Court of Subordinate Judge, 3rd Court, Dhaka and registered in the office of the District Registrar being deed No.8119 of 1980 was fraudulent, collusive and not binding upon the plaintiffs." 7. Th..Category: Property Law | Date: 13 May, 2008 | Hits: 5
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
.... an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet for transferring it to any other competent Court of jurisdiction in Dhaka. 2. The plaintiff opposite ......the plaint, it appears that the plaintiff-opposite party at the time of continuing in service as head of the savings department of City Bank Limited, Bandar Bazar Branch, Sylhet, committed certain misdeeds and whereupon he has been dismissed from service and against that order of dismissal the plain..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....relinquished his
right to file a pre-emption suit over the suit land as because the
pre-emptor-petitioner was very much aware of the sale of the suit land and it
was within his knowledge about the transfer of land but at that point of time
neither he was interested to purchase the suit land nor ......-petitioner is a co-sharer by purchase and the opposite party No.2
sold the five decimals of land to the pre-emptee-petitioner, at a consideration
of Tk.20,000/- on 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....n under three methods: (a) by direct recruitment; (b) by promotion from amongst persons already holding specified posts or other posts mentioned in the Schedule for the purpose; or (c) by transfer on deputation. 18. He further submits that according to the said Rules under the schedul......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... entered into the said tin-shed shop as monthly tenant under Dr. Abdul Monayem Khandaker, the father of the petitioner-Khandaker Mahmud Hasan on 1st December, 1980 by executing a monthly tenancy deed. The father of the plaintiff-petitioner during his life time gifted the suit holding to him and..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metropolitan Sessions Case No.933 of 2006 under section 138 of the Negotiable Instrument Act, 1881 on transfer dated 30.5.2006 from the Court of the Chief Metropolitan Magistrate, Dhaka arising out of C......he date of receipt thereof. The accused-petitioner although received the legal notice, yet he did not repay that amount. 3. The case of the petitioner, in short, is that the petitioner is indeed a loanee of the complainant-leasing company but despite his best of intention to repay the loan..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....accused under sections 302/201/34 of the Penal Code. 4. The case records were forwarded to the Court of learned Sessions Judge, Bogra where it was numbered as Sessions Case No. 207 of 1982. Upon transfer of the records to the newly formed session’s division at Joypurhat, the case was renumber...... However, when the accused was claiming to be minor, the learned Judge ought to have followed the provisions of section 66 of the Children Act in order to allay any possibility that the accused was indeed a minor and to give him an opportunity to prove his entitlement under the Children Act, 1974. I..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....e accused under sections 302/201/34 of the Penal Code. 3. The case records were forwarded to the Court of learned Sessions Judge, Bogra where it was numbered as Sessions Case No.207 of 1982. Upon transfer of the records to the newly formed sessions division at Joypurhat, the case was renumbered ......owever, when the accused was claiming to be a minor, the learned judge ought to have followed the provisions of section 66 of the Children Act in order to allay any possibility that the accused was indeed a minor and to give him an opportunity to prove his entitlement under the Children Act, 1974. I..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
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