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Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

.....  33. In Lloyds Bank Ltd. Vs. Chartered Bank of India, Australia and China Ltd. (1928) 1 KB 40, a clerk of the plaintiff bank sent to the defend­ant bank for the credit of his account, bank-draft drawn in favour of Lloyd Bank and immediately drew out money by payments to stock brokers. The......t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ..

Category: Business or Commercial Law | Date: | Hits: 548

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..

Category: Property Law | Date: | Hits: 107

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......d has two sons by the said wife. But although he has divorced the said wife yet he maintained a good rela­tionship with the plaintiff. He also purchased the adjacent landed property in the same suit Khatian through negotiation made by the plaintiff from its owner Abdur Rahman who signed the purchas..

Category: Property Law | Date: | Hits: 119

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......loan the opposite party Nos.6 and 7 stood as guarantor and exe­cuted a mortgage deed dated 20.8.1997 mortgaging the following properties:- District-Dhaka, Police Station-Demra, Mouza Bamuel, C.S. Khatian No.17, S.A. Khatian No. 31, Plot No.89 an area of 20½ decimal with building. 4. Those pr..

Category: Civil Law | Date: | Hits: 112

Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)

.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... ad valorem Court‑fee on 26‑11‑77 in course of hearing argument of the suit in the Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the suit property was wrong and that they purchased in the benami of another p..

Category: Property Law | Date: | Hits: 97

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ...... that while they were in possession of the suit land, the same was recorded in the name of Babu Dhirendra Nath Roy and his two other co‑sharers Shamarendra Nath Roy and Sourendra Nath Roy in the SA Khatian but on their having defaulted in payment of rents to the Government; certificate proceeding ..

Category: Property Law | Date: | Hits: 113

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

.... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ......nce the suit. 4. The defendant No.1 and the defendant Nos.15-18 contested the suit by filing written statements separately. The case of the defen­dant No.1, in short, is that after survey of C.S. Khatian Sabdi and Hisabdi transferred the suit land along with other land in favour of Paikpara grav..

Category: Property Law | Date: | Hits: 105

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....hin reasonable time failing which citizens have the right to take shelter of law. We need to protect the environment to protect ourselves. (d) The government is once again directed to finalize the draft Rules ensuring conformity with the relevant law, Rules and Regulations thereunder and inform t......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ..

Category: Environmental Law | Date: | Hits: 891

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......o.1, Lakshmipur. In the said execution case the petitioner filed an application on 19.5.2004 under Order XXI, Rule 58 C.P.C praying for exclusion of 0.42 acres of land appertaining to plot No.1222 of Khatian No.891 under Samsherabad along with structures standing thereon on the ground that on the da..

Category: Civil Law | Date: | Hits: 176

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....্যবস্থাপনা কমিটি বা ক্ষেত্রমত অন্তবর্তী ব্যবস্থাপনা”of a Co-operative Society is empowered to prepare a draft voter list and also to finalize the same and such final voter list has to be sent by that comm......itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ..

Category: Others | Date: | Hits: 140

Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)

.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......ecree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for decla­ration of title by settlement, S. A. Khatian is wrong and also the suit land is not vested and non resident property with the averments t..

Category: Property Law | Date: | Hits: 134

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......Government has given an administrative approval for construction of No.5 Budh Bari Bazar Union Parishad Complex Bhaban of Golapgonj under District-Sylhet over 0.52 acres of land at Mouza Kalijouri of Khatian Nos.672, 538, 1657 and 680 and Plot Nos.728, 729, 730, 727, 724 and 726. From the report of ..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......hat the deed in question was out and out sale deed. 22. The opposite party No.1 as pre-emptor filed Pre-emption Misc.Case No.17 of 1996 for pre-empting the land measuring 59 decimals of land in SA Khatian No.248/288 under Mouza-Shakashar, PS Kaliakoir, District-Gazipur as described in Deed No.433..

Category: Property Law | Date: | Hits: 117

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

....said consideration money of Taka 700 and in this respect I would like to mention further that the learned trial Judge found possession of the pre-emptor in pursuance of CS record (Khatian) as well as draft publication Khatian of the SA record which stands in the name of the pre-emptor and now I find......ur of Abdul Aziz on 21-9-1959 being saf kabala deed No.17697 dated 26-12-1963 and annexed the same marking the same as Annexure Y. And the opposite party has also annexed copies of a series of survey Khatian No.91 RS No.3087 and RS No.3280 present Dhaka city settlement Plot Nos.2311, 2839, 2840 and ..

Category: Property Law | Date: | Hits: 138

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....the purpose of granting probate, yet subsequently he has made submission that there are some specific legal provisions in the Act enabling the court to grant probate or 'Will' on the basis of copy or draft of the said 'Will' when the original has been lost or destroyed. It is thus submitted that iss......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..

Category: Property Law | Date: | Hits: 113

Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......e suit was not maintainable, barred by law of limitation. Principles of waiver, estoppels and acquiescence and stated that Abdul Jabbar was owner in possession 4.22 acres of land in the disputed C.S. Khatian No.5, He sold 1.08 acres of land out of plot No.27 to Shaikh Gopalde Pathan in 1922 at a con..

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ons Contended in Plaint are: a. Ramchandra Basak, Radhika Mohan Basak and Krishna Chandra Basak were rightful owners of suit property and their name had been correctly recorded in Cadastral Survey Khatian to the extent of 2 annas 13 gondas 1 kara 1 Krantee share, 8 annas share and 5 annas, 6 gond..

Category: Procedural Law | Date: | Hits: 108

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......d pre-emptor Abdul Mannan. As the daughters of Rahimuddin and Ambor Ali were living with their respective husbands in different places, so their names were not recorded inadvertently in S.A. and R.S. Khatian, Naimuddin while owning and possessing his share executed a Heba-bil-Ewaz deed for 0.44 acre..

Category: Property Law | Date: | Hits: 88

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......nsferred in the Court of Upazila Munsif, Upazila Moladi and the same was re‑numbered as Tide Suit No.197 of 1985. 3. Case of the plaintiff petitioners was that the original recorded tenant of SA Khatian No.97 and 98 totalling 4.18 acres of land were Kali Charan Somadder, Bipin Behari Somadder, ..

Category: Civil Law | Date: | Hits: 130

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......e No.2325 of 1968-69. The possession of the suit land was duly handed over to the petitioner and a Kabuliyat was executed and registered on 28.11.1977. Although in the comment column of C.S. and S.A. Khatian of the suit property it was mentioned as "Peer's Dargabari" but, in fact, since long there h..

Category: Property Law | Date: | Hits: 116