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Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....d findings of the trial court on this point. The learned advocate appearing for the petitioner submits that there is nothing on record that the plaintiff No.1 Tariqul Islam was a minor at the time of execution of exhibit-1 but he submits that for the sake of argument even if it is considered that he......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......, there was a village salish which decided that the plaintiff No.1 must marry the defendant No.1 and subsequently marriage took place between them at a dower of Tk.1,00,500/- by a registered marriage deed and after the marriage the plaintiff No.1 and the defendant No.1 lived as husband and wife and ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
....992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......ort, is that the suit land measuring 3.36 acres described in the schedule of the plaint originally belonged to Sarat Sundari Chowdhurani, who sold the same to Dijendra Lal Roy by a registered deed of sale dated 19.12.1917; that Dijendra Lal Roy possessed the suit land on payment of rent; that his na......e, in short, is that the suit land measuring 3.36 acres described in the schedule of the plaint originally belonged to Sarat Sundari Chowdhurani, who sold the same to Dijendra Lal Roy by a registered deed of sale dated 19.12.1917; that Dijendra Lal Roy possessed the suit land on payment of rent; tha..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ng it within Section 25B(1) is the prescribed punishment for smuggling of articles mentioned therein including currency 25B(2) or relates to possession or control of smuggled goods for the purpose of sale. From plain reading of the First Information Report allegation brought against the accused appe......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....nephew by distant relation of Mokushada Bala Dassya; that this will was voluntarily executed on 13.02.1972 by the said Mokshada Bala Dassya. 7. It is further stated that since before the date of execution of the will, the opposite party No.1 being nephew by distant relation used to reside upon ......wners of the property purported to have been bequeathed by the said will. It is further stated that principal opposite party No.1 subsequently after the obtaining the said probate created a sale deed in respect of the property contained in the will in the name of Gulu Hemron, principal res...... of the property purported to have been bequeathed by the said will. It is further stated that principal opposite party No.1 subsequently after the obtaining the said probate created a sale deed in respect of the property contained in the will in the name of Gulu Hemron, principal responde..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......terms of solenama. 6. The appellate court reversed the findings and decision of the trial court and dismissed the suit with the observation that the plaintiff failed to prove his title deed No.6870 dated 10.12.1920, that the plaintiff himself and his witnesses failed to prove plaintif..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......he plaintiff filed written objection against the said application dated 14.11.2002 denying the assertion made by the Defendant No.3 of Title Suit No.237 of 2002 stating that the Tamizuddin Khan Trust deed was created with the consent of the Defendant No.3 who was a signatory in the deed. It was furt..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ertificate upon the respondent No.4 to pay the remaining amount of Taka 2,74,35,400 on account of fine. In the said notice it was stated that in case of failure to pay, the money would be realised by execution of certificate by sale of his moveable and immoveable properties. 10. Thereafter the re......nt No.4 to pay the remaining amount of Taka 2,74,35,400 on account of fine. In the said notice it was stated that in case of failure to pay, the money would be realised by execution of certificate by sale of his moveable and immoveable properties. 10. Thereafter the respondent No.4 filed Writ Pet......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......e in the said Ordinance by the provisions of the
said Act No.XVI of 1993. Section 17 of the said Ordinance of 1969 prohibits
fraudulent acts by any person directly or indirectly involved in the sale or
purchase of any security defined in Clause (1) of Section 2 thereof. Section
24 thereo......otice on 20.02.2001 affixing his seal in the
Acknowledgment Card. As the respondent did not response to the legal notice,
the petitioner believes that the Securities and Exchange Commission has indeed
prepared a false Enquiry Report against the petitioner and its former Directors
on the basis ..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....cial notice' need not be proved. The Evidence Act divides the subject of proof into (i) Proof of facts other than contents of document and (ii) Proof of documents including (a) proof of execution of documents and (b) proof of existence, condition and contents of documents. 31......al life. To save our future generation from the addiction of narcotic drug, the act of 1990 was promulgated providing stringent provisions for the production, consumption, transportation, possession, sale, purchase, control and regulation of operations of narcotic drugs, and to provide for forf......ifles or above his rank, to enter into and search in the manner prescribed thereunder between sunrise and sunset, and can detain, search any person, place or building and seize contraband goods, deeds etc. if he has reason to believe that an offence has been committed at any place, is being com..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......ands. The plaintiff applied for taking settlement of the suit land from defendant No.1. On 1.10.1973, the plaintiff was successful in taking settlement of the suit land by executing a registered deed of lease for 10 years from 1374 to 1385 B.S. After that, the plaintiff paid rent to the Governm..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ....... 4. The plaintiffs case in short, was that Lal Mia the original owner mortgaged the suit land to defendants' predecessor Suruj Mia initially for a consideration of Tk. 425/- by a registered deed dated 18-12-1944 on condition that if Lal Mia Could repay the consideration money wit..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....perty. The copy of the said letter was communicated to the address of the defendant No.1 and thereafter the Constituted Attorney of defendant No.1 had not taken any step in time to materialize the execution and registration of the sale deed in respect of the suit property. 9. It is further ......g her ownership and for the restoration of possession to her, and the government in pursuance of the application of the defendant No.1 transferred the suit property to her by a registered deed of sale dated 21.08.1980 and restored the possession of the suit property to her. 5. It is furt......laintiff claims relief under section 5 of the Specific Relief Act for directing the defendant to do the very act which he is under an obligation to do. When the plaintiff as per the terms of the deed of agreement performed his part, the defendant is also bound to perform his part, otherwise ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....t and
obtained a preliminary decree on 12.05.1991 which was made final on 24.06.2003.
The decree holder bank put the decree in Execution being Artha Jari (Money
Exception) Case No.417/2003. In the execution proceedings auction sale notice
was published in the Daily Ittefaq on 8.6.2005 fixing 14.......decree on 12.05.1991 which was made final on 24.06.2003.
The decree holder bank put the decree in Execution being Artha Jari (Money
Exception) Case No.417/2003. In the execution proceedings auction sale notice
was published in the Daily Ittefaq on 8.6.2005 fixing 14.7.2005 the date of
auction sa......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
....tment and Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,25,902.40. In due course, the decree-holder filed an execution case being Money Execution Case No.1 of 2003 in the Third Court of Artha Rin Adalat, Dhaka......ons in respect of execution of the decree has been provided in Chapter Six of the Act. Section 28 provides for the period of limitation for filing of an execution case.
10. Section 33 provides for sale of the properties of the judgment-debtor. Sub-sections (1), (2), (3) and (4) of Section 33, n......003, ('the Act' in short), praying for an order vesting the title of the concerned properties in favour of the decree-holder and issue a certificate to that effect which would be treated as the title deed of the concerned properties in favour of the decree-holder.
3. It also appears that in pursu..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......posal of the Rule are that the Opposite Parties as plaintiff instituted Title Suit No.181 of 1997 in the Court of learned Assistant Judge, 1st additional Court, Dhaka praying for, cancellation of a deed dated 18.4.1983 being No.6339, registered at Dhaka sub-registry office. That suit was dismisse..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......iew to construct a Central Bus Terminal out side the Cox's Bazar Municipal area, took lease of 4 acres of Government khas land for 99 years at a salami of more than Tk.35,00,000/-. Accordingly, lease deed was executed by the Deputy Commissioner, Cox's Bazar on behalf of the Government and handed ove..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......finds support in the case of Janu Salt vs Ramaswami Naidu reported in AIR 1923 Madras 626. In the said case the defendant, under the terms of his licence, was forbidden to sell his rice to other wholesale merchants in the port on entry than those who were approved by the Collector of the District. T...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
.... 8. From the order of the High Court Division it is seen that the case placed before the said Division by the respondent-appellants was at all not considered. The appellants because of urgency of the execution of project highlight the necessity of excavating the canal within the shortest possible ti......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....ushpa Rani Saha Poddar by Kumudini Saha were produced before the Court. 13. The plaintiffs' case is that they have been in possession of the suit property for the last 20 years that is since the execution of receipt Ext. 1 and Bainapatra Ext. 2. 14. The court of appeal and the High Court......intiffs brought the suit for declaration of their title to the said property and confirmation of possession therein. An alternative prayer was also made for specific performance of a contract for sale in respect thereof. 3. The case of the plaintiffs, in brief, is that on 23.05.1965 Kumud......s who have since been in possession thereof. It was agreed that later on she would execute and register the kabala on receipt of the balance consideration money. On 24.03.1975 she executed the sale deed but the same could not be registered. The defendant No. 1 denied the claim of the plaintiffs an..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......ment of the plaint, we are of the view that insertion of the facts sought to be inserted will not change the nature and character of the suit, which is a suit for specific performance of contract for sale of land, as such, the High Court Division was not in error in maintaining the order of the tria......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
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