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....ivities of contract between the guarantor and the creditor do not at the same
time permit of undertakings before the Court per se, thereby, consequentially
requiring judicial pronouncements for due execution of the same. This can only
be achieved upon the guarantor, and by extension the Letters o......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......red cases are premised simply on the fact that, and as
pointed out in Bank of Bihar Limited Vs. Dr. Damodar Prasad reported in 1969
AIR (SC) 297, the liability assumed by surety or a guarantor is indeed,
immediate. In this regard, it has been submitted on behalf of the plaintiff
that the defenda..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
....ed the
said dues money with the respondent No. 7 thought any authority from the
company. Thereafter the writ petitioner submitted an application before the
respondent No. 7 on 2-5-2006 praying for execution of the deed of sale of
Kuliarchar Ground Nut Mills in favor of the Company. At the releva......tallments. On 10-6-2005 the respondent Nos. 3, 4 and 5 served a legal notice
upon the writ petitioner demanding payment of Taka 78,00,000 within 30-6-2005
against the due consideration money of the sale of the shares to the writ
petitioners which the petitioner replied on 27-6-2005, agreeing to p...... money with the respondent No. 7 thought any authority from the
company. Thereafter the writ petitioner submitted an application before the
respondent No. 7 on 2-5-2006 praying for execution of the deed of sale of
Kuliarchar Ground Nut Mills in favor of the Company. At the relevant time the
resp..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
.... time of issuance of the rule is hereby vacated.
The 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) 135.
......y the trial Court. The gross omission made by the appellate Court is in respect of the clear findings by the trial Court about the deed of agreement for re-conveyance and the subsequent deeds of sale as genuine. This goes to the root of the merit of the case. Since no relief could be granted to......developed the land along with the said .37 decimals of land allotted to one Mustafa Younus Noor, M.A. Matin, Md. Shafi Ahmed, Md. Shamsuddin, and Dilruba Jahan and accordingly executed the lease deed in favour of those persons and as per the terms of agreement the defendant kept one plot f..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
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. ......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. ......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
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
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. ...... 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
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......, incorporated in Bangladesh, under the Companies Act, 1913 having its registered office in Bangladesh of Jaghcharra, PS Sreemangal, District-Moulvibazar engaged in production and manufacture of tea, sale and export thereof. 3. The case of the respondent No. 2 is, that he was a permanent worker......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......e pointed out that there is nothing mentioned in the plaint that the pre-emptor was not co-sharer to the schedule 1 land transferred by the deed under preemption and further pointed out, that no sale price has been mentioned separately holding-wise. He submitted that in view of the said fact th......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)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......hange Commission deems it fit that the consent already accorded by the Commission, or to be accorded by it in future, to the issue of capital in Bangladesh, or to the public offer of securities for sale, should be subject to certain further conditions in the interest of investors and the cap......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)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......the business. The purchase was made as back as in 1988. The members of the Association initially set up godowns for storing commodities in the purchased land and also had been giving delivery of bulk sale from there by unloading and loading trucks. They established shops on that land and ultimately,...... 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
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
.... which formed part of the final decree, the final decree passed on 29-5- 88 in Title (Partition) Suit No. 206 of 1970 other reports of the Advocate Commissioner submitted on various dates, writ of execution of the decree, firstly of the documents filed before the court below on 8- 5-82 in suppor......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....ssor have been in possession of the suit property for more than 12 years since the purchase of the same in auction. The defendants got a kabala executed and registered in their names through court in execution of the exparte decree passed in the said suit, but by the said kabala they did not ac......h was put to auction for arrear of rent in certificate Case No.660 of 1952-53 and was purchased by Ali Ahmed @ Dr. Monjurul Hoque, son of late Munshi Nowab Ali of 74, Mirpur, Dhaka on 20.06.1953. The sale was confirmed on 24.08.1953 and sale certificate was issued in favour of said Ali Ahmed on 19.1...... 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
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......e found the victim Rina Karmaker in the house of Quddus; that on enquiry, the victim told him that she came there with her Dulabhai (brother-in-law) named Niranjan who went to a person for collecting sale proceeds of ornament and that the accused Islam is her Dulabhai's friend. At this stage, this w......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......e found the victim Rina Karmaker in the house of Quddus; that on enquiry, the victim told him that she came there with her Dulabhai (brother-in-law) named Niranjan who went to a person for collecting sale proceeds of ornament and that the accused Islam is her Dulabhai's friend. At this stage, this w......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
...... any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about the
transfer of the land and no notice was served upon him before or after the
sale. He came to know about the sale from others and obtained the certified
copy on 29.3.2000 and b......-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
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. ......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
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......li, 2(two) sons namely, Sukur Ali and Solauddin as her heirs. Thereafter the suit property was amicably partitioned among the sons, daughters and grand sons and grand daughters of the said Afsin vide deed No.36672 dated 12.11.1980. By virtue of that deed Dawlat Bibi, Sonai Bibi, Rahela, Turab Ali an..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....ase of Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh reported in 42 DLR 434 in support of his submission that the suit land not being specified is incapable of execution and thus the decree is not sustainable. 9. Mr. A.K.M. Shafiuddin, the learned Advoc......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......Khurshed Ali, father of defendant Nos. 1 and 2 allowing them verbally to construct residential huts on the said gifted land and the defendant No.1 and 2 got the said .10 decimals of land by way of deed on 28.1.03. The contesting defendants denied the plaintiffs case of acquisition of title by th..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....the appeal finding that the mother petitioner can not consider the welfare of the son while she divorced the opposite party (father) and entered into second marriage in hurry before the expiry of the execution period of divorce proceeding. Even thereafter she allegedly divorced that 2nd husband and ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......minor. This contentions will find support from a case of Rahel Chaloon Vs. Ramele Khatoon reported in 22 DLR 245. 21. In the facts and circumstances of the present case it seems to me very clear indeed that the factual basis upon which the petitioner has laid her claim on the guardianship of her ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
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