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Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......d construction of his house on Plot No.45, Road No.7, Sector-4 of Uttara Model Town, Dhaka (hereinafter referred to as 'the house'). Accordingly, he mortgaged the house in terms of a mortgage deed registered on 6-5-1990 in favor of the Bank. The petitioner also executed some other documents ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... been possessed and living in the suit land since 1936 and the case was filed on 20-11-85 i.e. after the lapse of 49 years. Enemy Property Ordinance was promulgated in the year 1965 long after the execution of Hokum Nama by the original owner Mukunda and since then plaintiff has been living in t...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......erusing the evidence on record document and exhibits and also the Hukum Nama came to a finding that the plaintiff failed to establish his title in the suit land by producing any document i.e. title deed. On the other hand, the defendant examined Tahsilder Md. Safiuddin who stated in his evidence ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......see had no right to file separate returns in the name of wife and sons. Ownership of members of an undivided family under Mitakashara School of Hindu law shall apply in case of enjoyment, purchase or sale only. 12. The Deputy Commissioner of Taxes also rejected the claim of the wife that she got ......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....sed against it in Admiralty Suit No.37 of 1999 must be considered a nullity in the eye -of law and as such not executable against the Opposite Party No.5, the said application dated 25.9.2005 for the execution of the said Decree against the Opposite Party No.5 must also be held to be not maintainabl......rty No.5 as to why it shall not be directed to pay the said balance decretal amount within a specified period, and why in the event of failing to do so the said amount shall not be recovered from the sale proceeds of the properties of the Opposite Party No.5 specified in Schedule-'A' to the ...... 21, Rule 11(2) of the Code of Civil Procedure, 1908 ("the Code") having not made any prayer in the relevant Form No.(J) 47 for execution of the Decree against the Opposite Party No.5 and indeed having not spelt out that the mode of such execution would be by sale of the properties of the ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......Settlement rejected the claim of the petitioner. All of a sudden, the respondent No.1-RAJUK published an auction notice on 16.03.2001 in "The Daily Janakantha' inviting applications for sale of the case property along with other properties and the last date for submission of bids was 2......uty Indian High Commissioner and handed over the papers relating to the gift to him and requested him to attorney her as the landlady and pay rent to her by virtue of the declaration of the deed of gift dated 14.12.1970. The officers of the Indian High Commission requested the petitioner a..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
.... the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution by the Police so long. This is very unfortunate in this case of serious nature. It may be......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......southern part of his plot No.28/B of Joypurhat Housing Estate (briefly as Estate). 3. The plaintiffs case, in short are that the plot No.28/B was allotted to him, accordingly onlO-05-1989 leased deed was registered in favour of him. Some portion of land at the southern part of his plot was fall..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... That suit was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realization of that decretal amount. In that execution proceeding on the prayer of the decree-holder bank, the Artha Rin Adalat, passed the impu......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... 23.03.2003 in the evening, the day being Sunday, accompanied by his Bhatija (brother's son) P.W.2 Faisal deceased Harun-or-Rashid went to New Market at Patuakhali. After finishing his business he prodeeded for home along with P.W.2 Faisal. After crossing the Khalishakali ferry when they disembarked..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
....the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......tions requested to gift some portion of the disputed
land in favour of the plaintiff to run his family and accordingly the father
of the plaintiff has transferred some property by way of gift deed and handed
over the possession. Since than the plaintiff was in possession living
separately ..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ...... District: Satkhira as described in Plaint Schedule No.Kha. 3. That the plaintiffs-petitioners' case in brief is that the suit lands originally belonged to one Bastullah Shaikh who by a registered deed of gift dated 08.05.1951 transferred the same in favour of Secretary, District School Board, Kh..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....to be a complete usufructuary mortgage but the Kabala money having not been repaid before 16-11-1969 the transaction between the plaintiff and the defendant which arose on 16-11-1959 (after execution and registration of the Ekrarnama dated 16-11-1959 (Exhibit "Gha") following the......ars, the latter would reconvey the suit land in favour of the former. It was the further case of the defendants Nos. 6-7 that they sold out. 1.4350 acres of land by 2(two) Kabala deeds and out of the sale proceeds the suit land was redeemed. Thereafter, the defendant Nos. 6/7 started possessing......that date, that is on 16-11-1959, admitting that he would reconvey the said land in favour of the defendant Nos. 6 and 7 if they refunded back the Kabala money within 10 years. For the mistake of the deed writer the name of mouza of the transferred land was wrongly written as Chitalmari in place of ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......property by allotment to DN holder M. Waziullah by issuing demand note to him. Subsequently, the case property was sold by the Government to him at a consideration of Taka 1, 33,907 by a registered sale dated 19-12-1989. The claimant respondent No. 2, is not the son of the original lessee, Esamul......s abandoned property. 3. The respondent No. 2, contested the case before the Court of Settlement, contending, inter alia, that the case property was leased out to Esamul by a registered lease deed dated 11-8-1961. He was although in possession of the case property. He died on 19-10-1974 lea..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......ndly be passed restraining the defendants whether itself or their men, women, employees, agents, partners, share holders or officers from using, preparing, storing, marketing, selling or offering for sale, passing off or attempting to pass off any goods bearing or under the trademark 'Dominous P...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......- 2006. Government allotted 0.75 acres of property from Industrial Plot No. 190 appertaining to CS Plot No. 428 in favor of M/s Chameli Glass Works on 16-5-1979 but Government could not execute lease deed in favors of M/s Chameli Glass Works and, thereafter, on 16-3-2006 Ms. Chameli Glass Works depo..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
.... i.e. the judgment debtor having failed to adjust the outstanding dues/decretal dues within the stipulated time as fixed by the Adalat in the decree, the petitioner bank put the said decree into execution vide Money execution Case No.126 of 2000 for realization of the decretal dues amounti......র দ্বারা ডিক্রীদারের প্রাপ্য পরিপূর্ণভাবে আদায় হইয়া থাকে৷” meaning that at least one auction sale process is completed, (under linings are made for giving emphasis).
So the aforesaid sub&s......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......ter alia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot Nos.96, 97.and 98 of Mouza previously Baz......lia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot Nos.96, 97.and 98 of Mouza previously Baze Kak..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......pers would inform the plaintiff and thereafter, on receipt of the balance consideration money within a month from the date of bainapatra, the defendant No.1 would execute and register the necessary sale deed in favour of the plaintiff. On 02.03.1985 the plaintiff enquired from the defendant No.1 i......would inform the plaintiff and thereafter, on receipt of the balance consideration money within a month from the date of bainapatra, the defendant No.1 would execute and register the necessary sale deed in favour of the plaintiff. On 02.03.1985 the plaintiff enquired from the defendant No.1 if he ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......led a Civil Suit No.230 of 2002 against her. She stated that a false case had been filed against her husband because she was a witness in this case and denied having received any money as payment for sale of land. 13. Abul Hossain, deposing as P.W.5, stated in his examination-in-chief that he cam......the PCPR records that the same accused is accused in Sutrapur P.S. Case No.58(3)98, which is the case before us. Therefore, we are left in no doubt that the said Sundar Babu, son of Seken Mollah is indeed the accused person who has been implicated in the instant case and should therefore face trial ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....udgment and decree are set aside. The First Appeal is remanded to the High Court Division with a direction to hear the appeal afresh after obtaining report from the competent Handwriting Expert as to execution of the documents." 18. In the case of Tarak Chandra Majhi Vs. Atahar Ali Howlade...... 4. That the defendant No.77 Md. Ibrahim filed a written statement stating that Hazrat Ali, Jobeda Khatun and the plaintiff jointly transferred 11.55 acres of land to Hazi Abdus Sukur by a registered sale deed dated 13-01-1938; that the defendants are the successors of late Haji Abdus Sukur. 5.......uljan Bibi alias Gedi Bibi (predecessor of the petitioners) as plaintiff instituted Title Suit No.138 of 1991 in the Third Court of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and als..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
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