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Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....angladesh Jute Corporation, the schedule property was posted under the Jute Corporation. Jute Corporation took up management and control of the property and obtained decree against Rally Brothers and execution of the decree got kabala registered through Court. Government by ordinance No.24 of 1993 d......e Government to the plaintiffs beyond pleadings. Learned Judge should act within the four corners of the plaint and in accordance with law. The plaintiffs no where claim for setting-aside the auction sale. We also find in the plaint that the plaintiffs did not claim any thing for canceling or settin......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....ormation Report and the charge sheet or the petition of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) ...... sheet or the petition of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamudd......t or the petition of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ah..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ...... land and for recovery of khas possession therein and for a further declaration that the registered deed of gift in favour of Minoti Bala by the donor Gagon Chandra Sana Roy as well as the registered sale deed dated 5.1.2000 executed by Minoti Bala Saha in favour of defendant Nos.1-5 are forged, fra......ar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered deed of gift in favour of Minoti Bala by the donor Gagon Chandra Sana Roy as well as the registered ..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......d in his presence Jibon Krishna Roy asked him for a report in connection with the property of Dr. Mohiuddin Khan Alamgir his wife and sons and, as such, a report was prepared which is Exhibit 18. 2nd deed is an exchange deed dated 25-1-2007. The property in item No. 3 is Ejmali property. Dr. Mohiudd..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....ter and gas connection and by paying rents to the Government. That in the last survey attested Khatian No.44975 has been correctly prepared in the name of the petitioner. That the averments regarding execution of Bainanama between the petitioner and the opposite party No.1 is absolutely false, fraud......h is now possessed by one Biswajit Sarker and his family on behalf of the opposite party No.1 as a tenant. That in the deed of agreement (Bainanama) the petitioner undertake to execute and register a sale deed in favour of the opposite party No.1 in respect of the suit lands after receiving the bala......er delivered the possession of one room in favour of the opposite party No.1 which is now possessed by one Biswajit Sarker and his family on behalf of the opposite party No.1 as a tenant. That in the deed of agreement (Bainanama) the petitioner undertake to execute and register a sale deed in favour..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......alized enterprise it is allowed by the Corporation to manage its affairs according to the rules of its Constitution, that is, its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enterprise has mai..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ...... No.97 of 1995 in the First Court of Subordinate Judge, Gazipur, impleading the opposite parties as defendants for declaration of title to the suit land and also for declaration that Heba bil Ewaj deed nos. 6196 and 6197 dated 08-10-1976 are forged, fraudulent and not binding upon the plaintiffs..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......e point for determination in this Rule is whether the impugned Judgment and order in not rejecting the plaint is sustainable in law. 10. Admittedly, there was an unregistered deed of agreement for sale in respect of the suit properties between the plaintiff and the defendant No.1 which took place......ra that out of the conciliated money the plaintiff will pay Tk. 30,00,000/- to the Bank and pay the remaining money to the defendant. The plaintiff requested the defendant to execute and register the deed on accepting the balance amount of conciliated money but the defendant refused to execute the d..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....the Rules of Business, 1996 has laid down that the matters mentioned in schedules-3 and 4 should be sent for the President's approval but the matters mentioned in schedules-3 and 4 do not include execution of any agreement or cancellation of agreement and hence there was necessity to take approv......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......titioners and other two allottees got possession of said plot. After receipt of the entire lease money, said respondent No.7 on behalf of the President of the Republic executed and registered a lease deed dated 22.02.1982 leasing out said land to the four allottees for 99 years. All four allottees a..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....father, Lokman Sarder had given his other lands to the Plaintiff Nos.1-5 by executing deeds, the Certified copies of which have been marked as Exts. Chha- Uma. But the plaintiffs did neither deny the execution of such deeds nor discharge such onus on them even though the opportunity to discharge suc...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......riefly, be put thus:- The plaintiff-respondent-petitioners, as plaintiffs, instituted Title Suit being No.14 of 1998 for declaration of title and also for declaration that the Heba-bil-ewaz deeds being Nos.4080 of 1997 and 4266 of 1997 are fraudulent, forged, collusive, and not binding upo..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
.... onus has shifted upon the defendants to prove their particular fact that their signatures were extorted. This onus' they failed to prove. Consequently, the evidence adduced by the plaintiffs as to execution of the documents, which also themselves record the contract, stands. In the circumstance...... (Ten thousand) from plaintiff and upon taking a further loan of Tk. 7000/- (Seven thousand) he executed a bainapatra on 15.01.1971 at Barishal acknowledging his earlier receipt of Tk. 10,000/- for sale of the suit land and delivered its possession to her and there was a stipulation that defendant......l acknowledging his earlier receipt of Tk. 10,000/- for sale of the suit land and delivered its possession to her and there was a stipulation that defendant No.1 would execute and register the sale deed after obtaining permission from the Income Tax authority as early as possible but in spite of..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....point is involved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the decree holder nor the judgment debtor......n Adalat No.4, Dhaka for realization of the decreetal amount. The mortgaged property was ultimately sold in auction and the opposite party No.1 purchased the mortgaged property at Tk.9, 50,000/-. The sale was confirmed and thereafter the writ of delivery of possession was also given. Thereafter the ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....force. In the case of Md. Mofiz Mia Vs. Artho Rin Adalat and others reported in 16 BLT 476 and so many other cases, it has been consistently held that all cases relating to recovery of loan including execution cases pending in those Adalats established under Artho Rin Adalat Ain, 1990 stood transfer......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... came into force. In the case of Md. Mofiz Mia Vs. Artha Rin Adalat reported in 16 BLT 476 and so many other cases, it has been consistently held that all cases relating to recovery of loan including execution cases pending in those Adalats established under Artha Rin Adalat Ain, 1990 stood transfer......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....e parties for pre-emption under section 96 of the State Acquisition and Tenancy Act. 3. The plaint case, in short, inter alia is that the suit jote was purchased by one Chanda Bibi in auction on execution of the decree passed in Rent Suit No.593 of 1951. The heirs of Chanda Bibi named A Sattar ......ugh his predecessor, who obtained the suit property by way of auction in a rent suit and claimed to be co-sharer in the case jote but the pre-emptor has miserably failed to prove the said auction sale accordingly his status to be a co-sharer in the case jote is not been proved. Moreover, the pre......f either party. In order to determine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registered deed of Heba-bil-Ewaz from the heirs of the seller, who obtained the suit property through auction i..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....12-11-85. By
an order dated 28-5- 86 the Court allowed said prayer for review and decreed
the suit ex parte, behind the back of
the deity. He further learnt that said ex
parte decree was put into execution in Title Execution Case No. 20 of 1986
and 30-4-86 was fixed for police report
4. I......ssor, Mazharul Islam Chowdhury instituted aforesaid Title Suit
No.405 of 1984 for specific performance of a contract. On 29-5-86 the suit was
decreed ex parte. In execution of the
decree, he got a sale deed No. 64 dated 6-1-87 executed and registered by the
Court in Title Execution Case No. 20 o...... Mazharul Islam Chowdhury instituted aforesaid Title Suit
No.405 of 1984 for specific performance of a contract. On 29-5-86 the suit was
decreed ex parte. In execution of the
decree, he got a sale deed No. 64 dated 6-1-87 executed and registered by the
Court in Title Execution Case No. 20 of 198..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....ansferee is recognized, for example, in the judgment in M/s. Howrah Trading Co. Ltd. Vs. Commissioner of Income-Tax, Central Calcutta reported in AIR 1959 (SC), 775 where it was held that even on the execution and handing over of a blank transfer certain equities arise between the transferor and the...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......o the family members being retained by the Company for safe custody MMI’s shares scrips together with other shares belonging to other members of the family including the Petitioner No. 1 were indeed being so retained by the Company. In this regard, the Petitioner No.1 has produced a letter dat..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......th the aforesaid findings of facts. The learned advocate in course of his argument also placed before me the judgments of the courts below with other materials on record and showed that it was a sale deed and not an exchange deed and in no way hit by principles of stopple, waiver and acquiescen......leque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange deed was non pre-emptable under section 96(10) of the State Acquisition and Tenancy Act, 1950 and as..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
.... the petitioner as defendant for realization of Tk.25,06,408/- with interest till 19-04-2005. 3. Eventually the suit was decreed ex parte on 18-09-2005. 4. The bank, then put the decree in execution in Artho Execution Case no.,60 of 2006. The bank tried to sell the mortgaged property in ......th interest against the defendant. The suit was decreed ex parte on 18-09-2005. The bank then put the decree in execution in Artho Execution Case No.60 of 2006. The bank, then took all measures for sale the mortgaged property in auction with due compliance of the provisions of law prescribed in s......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....No. 4 which was allowed on 20-6-2004. 4. Eventually, the learned Judge of the Adalat by the judgment and decree dated 9-9-2004 decreed the suit ex parte. 5. The bank, then put the decree in execution in Execution Case No. 13 of 2005 against the petitioner. Consequently, all steps were take......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
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