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Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......velopment Corporation, briefly “the Corporation”, at Patuakhali, has been charged for committing an offence of misappropriation of Taka 49,967 by creating certain false vouchers showing sale of fertilizer. The trial having not been completed within the specified time, the Divisional ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....17 of 1998 in the Court of Senior Assistant Judge, Barguna for declaring the sale certificate and writ of delivery of possession, alleged to have been issued in Money Execution Case No. 14 of 1933 in execution of a decree passed in Money Suit No. 5 of 1932 as forged, fraudulent, collusive, void, hav......lication under Order VII rule 11 of the Code of Civil Procedure. 2. Plaintiff-opposite party No. 1 filed Title Suit No. 17 of 1998 in the Court of Senior Assistant Judge, Barguna for declaring the sale certificate and writ of delivery of possession, alleged to have been issued in Money Execution ......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......ording to the plaintiffs, their predecessor, Abu Sadat Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit lands to him by a registered sale deed dated 6 May 1959. On the same day a separate agreement was executed and registered by Ja......g to the plaintiffs, their predecessor, Abu Sadat Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit lands to him by a registered sale deed dated 6 May 1959. On the same day a separate agreement was executed and registered by Jamir H..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
....ith photocopies of the handwritings of the executant of the impugned kabala deed. As such, he submits, no value should have been attached to the opinion of the handwriting experts. 6. The execution of the impugned kabala deed has been proved by the ocular evidence of PW 2, son of the ex...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......la, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, in..Category: Property Law | Date: | Hits: 59
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......00 beyond the time set down by him, while sending the case on remand. 2. The plaintiff, now respondent No. 1, instituted Title Suit No. 261 of 1991 for specific performance of a contract for sale. An Assistant Judge of Dhaka decreed the suit against the defendant. The defendant preferred T......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....decree in a partition suit it is effective between the admitted co-sharers and for the purpose of a pre-emption proceeding where the transfer is made by a co-sharer to a stranger, this question of execution of the final decree between the co-sharers is not relevant and necessary. 14. A ......r is a co-sharer of the land. 3. The pre-emptee contested the cases stating that respondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount ...... co-sharer of the land. 3. The pre-emptee contested the cases stating that respondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of mon..Category: Property Law | Date: | Hits: 57
....o be working against the interest of the Mills and suitable replacement will have to be made by the contractor as early as possible in order to avoid dislocation of works.
21. That in case of non-execution of any work partly or fully by the contractor, the company shall have the right to get the......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
..
Category: Labour and Industrial Law | Date: | Hits: 163
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a decree for ejectment against the petitioner is no ground to stay the title execution case……………………(5) Lawye...... in making the order rendering the appeal of the petitioner infructuous. He further contended that in view of the agreement dated 30-8-91 entered into between the petitioner and the respondent for sale of the disputed property the High Court Division fell into error to find that the petitioner ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ...... 1971. In the course of such business transaction they sold to each other and purchased from each other and made payments to each other, received payments from each other in cash, by cheque and by sale of materials and equipment and services of each other’s employees. In 1980 the informant......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....ly decreed on 31 January 1967 with a direction to defendant No. 8 to execute and register on behalf of defendant Nos. 1-7 a kabala in favour of the plaintiff. The decree-holder then put the d into execution in Title Execution No. 94 of 1967 which was on transfer to the court of Assistant Judge, ......ought in the Fourth Court of Munsif, Habiganj a suit, Title Suit No. 96 of 1958, against defendant Nos. 1-7 and their constituted attorney defendant No. 8 for specific performance of a contract for sale of the disputed land. The suit was eventually decreed on 31 January 1967 with a direction to ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
.... Title Suit No. 17 of 1991 in the Fourth Court of Assistant Judge, Narayanganj against respondent Nos. 2-5 for specific performance of contract. The suit was decreed on compromise on 121191 and in execution of the said decree Title Execution Case No 2 of 1991 the petitioner got possession of the......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
.... that the Circular in question was plainly meant to be retrospective. Under section 5(8) of the said Act it is provided as follows: “5(8) All Officers and persons employed in the execution of this Act shall observe and follow the orders, instructions and directions of the Nati......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......, he submits, the mere entry of MV Arcadia into Bangladesh does not prove loss of business and profit in respect Of this ship. 23. Having considered that apart from the deed of agreement of sale of MV Arcadia (Ext. 9) the plaintiff has led no evidence that she could not enter into his yar......ence of such evidence, he submits, the mere entry of MV Arcadia into Bangladesh does not prove loss of business and profit in respect Of this ship. 23. Having considered that apart from the deed of agreement of sale of MV Arcadia (Ext. 9) the plaintiff has led no evidence that she could n..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......18-1-72 to respondent No. 1 for a consideration of Taka 8,000.00 and after receiving the entire consideration money sold the disputed building to respondent No. 1 by executing a registered deed of sale on 10-9-73. Respondent No. 1 got possession in the disputed building and had been in possessio......is that, the disputed building originally belonged to one Md. Yahiya who had acquired it by way of perpetual lease granted by the erstwhile Government of East Pakistan on 10-8-62 under a registered deed of lease. Md. Yahiya possessed the disputed building and then died in 1970 leaving son Md. Na..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......was liable to be quashed under the law. 5. The learned Judges of the High Court Division discharged the Rule holding that in the FIR it has been stated that the accused persons create forged deed in respect of the informant’s land l collusion with each other by false personation the ..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... questions in a criminal case. 16. The first proviso to section 60 of the Evidence Act reads thus: Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such tre......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....fs claimed for emanate from the Civil Court’s decree and are in the nature of ancillary and consequential reliefs arising out of the Civil Court’s decree. The appellant by putting the decree into execution in the Civil Court under the saving clause provided in section 13 of the Administrative Tr......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....ant-respondent No. 1-8 contested the suit by filing written statement denying the case of the plaintiffs. Their case, inter alia, is that one Nilkanta and Rajmoni auction purchased the suit land in execution of a rent decree passed in Rent Suit No. 163/39 and they exchanged the same with one Fak......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......rn and the western half respectively of the disputed holding at a consideration of Taka 40,000.00. They paid Taka 5000.00, each paying Taka 2500.00. The plaintiffs thereupon executed an agreement for sale. Later on they paid Taka 35,000.00 and the plaintiffs executed two kabalas in their favour and ...... confused with a transaction which prima fade looks valid and in relation to which the burden of proof will be on the party alleging its invalidity. There may be a document in existence, a registered deed of sale or mortgage or some other transaction, which is by presumption genuine and the person w..Category: Tenancy Law | Date: | Hits: 88
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