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Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ...... the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passed by the Artho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful autho..

Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......-9-2004 decreed the suit ex parte. 5. The bank, then put the decree in execution in Execution Case No. 13 of 2005 against the petitioner. Consequently, all steps were taken to sell the mortgaged property in auction but with no effect. Then, on 6-10-2005 at the instance of the bank the Court iss..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....determining the right to the custody of a child, the inquiry extends far beyond the issues that ordinarily are involved in a habeas corpus proceeding. The controversy does not involve the question of personal freedom, because an infant, for humane and obvious reasons, is presumed to be in the custod......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....alyzed limbs and the features of higher cortical psychotic dysfunction and lower uri­nary tract symptoms which is probably stroke sequele and mild enlarged prostate and he being dependent for his personal daily activi­ties needs intensive physiotherapy in ad­vanced rehabilitation centre. Refe......owers Rules,2007. 4. The accused-appellant filed an appli­cation for bail stating, inter alia, that he is in­nocent and he has been falsely implicated in the case, as he has not acquired any property through improper means disproportionate to his known source of income; that he had not con..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... 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. ......t of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19.11.1992 being Other Suit No.3 of 1995 with a prayer for permanent injunction and the restrain to defendants from entering into the suit property and not to evict plaintiff and not to do any harm to the proper­ties and houses therein..

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. ...... was recorded in R.S. Plot No.106 an area of 1.39 acres and in R.S. Plot No.110 an area of 11 decimals in R.S. Khatian No.1. The plaintiff’s predecessor was a sailor and that he had no land and property of his own. During the liberation war he was in West Pakistan and he was in service and aft..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....in custody in the District Jail, Khulna and why the minor girl should not be paid compensation for her illegal arrest and detention, and why the compensation would not be directed to be paid from the personal funds of those found to have acted in violation of the laws of the land. 3. At the time......y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

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. ......to pay the costs, charges and expenses preliminary and incidental to the promotion, formation, establishment and registration of the company, to purchase or oth­erwise acquire for the company any property, right or privileges which the company is authorised and to sell or otherwise dispose of ab..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

....sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......thority. 10. Fifthly, the learned Advocate submits that the respondent No.2, plaintiff-bank is not legally entitled to take advantage of its own inaction for not mortgaging the subject landed property or in not taking action for alleged breach of unregistered tripartite agreement that is ne..

Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

.... child. 51. In the case of Smt. Imtiaz Bano, Vs. Masood Ahmad Jafri and others reported in AIR 1979 Allahabad -24 his Lordships Mohd. Hamid Hossain sitting singly held as under; "Under personal law mother is entitled to custody of minor children below seven years in preference to the......t happens in our everyday life through eve teasing. Every court, therefore, when adjudi­cating family suit should be cautious in this respect. …………(36) Family suit is different from property suit The family suit having involved some humanly element is a bit different from..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

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. ...... respondent No. 2 under section 17(3) (b) (g) of the Employment of Labors (Standing Orders) Act, 1965 where clause (b) provides the offence of threat and in connection with the employer's business or property. Allegation brought against the respondent that he uprooted the bamboo plant 10/12 in numbe..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......ক্ষের নিকট দাবীকৃত অর্থ, সামগ্রী বা অন্যবিধ সম্পদ; অথবা (আ)..…… 28. The money or article or any property demanded by the bridegroom or his father, mother or anybody directly related with the bride..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

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. ......ow be altered simply to allow various Petitioners' grievances to be addressed and remedied on the grounds of equity. The Added Respondent No.6 is pro­jected here as one who is keen to protect his property rights and interests in the shares that he has, however, wittingly transferred subse­quen..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms and Others, (2001) 6 MLR (AD) 184, in which it was held that section 3 of the Ordinance does not provide for personal service of notice upon the owner of the land. It is provided for notice to be published on ......007 under section 6 of the Ordinance from respondent No.6, on behalf of respondent No.3, directing the members of the samity to appear before him and for giving statements about their interest in the property and fixing the next date for 25.11.2007. Respondent No.6 on behalf of respondent No.3 issue..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

....52, 'person' under section 3(39) of the General Clauses Act, 1897 would mean to include any company or association or body of individuals, whether incorporated or not. Such person need not be personally aggrieved by the action or omission which he/she wants to challenge. Nor is such right ma......pon receipt of any information and after holding necessary inquiry thereon if it is satisfied that any person or any other person on behalf of such person is found to be in possession or owner of any property disproportionate to lawful source, to issue an order in writing directing such person to su..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7

Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)

....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. ......for saham as well as the final decree respectively the plaintiffs did neither file any appeal nor moved the higher court, therefore, the instant Suit filed by them in respect of the self-same Suit property after long time was barred by limitation and the plaint was liable to be rejected. 3...

Category: Procedural Law | Date: 28 May, 2008 | Hits: 5

Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....are in the ejmali prop­erty. The aim of public policy shall always be to ensure and safeguard the legal right of a person which might have accrued to him un­der a statute as well as under the personal law. If the purport and scope of a public policy is extended to the extent that in spite of......he Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned, i..

Category: Property Law | Date: 26 May, 2008 | Hits: 3

Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....mate share in the ejmali property. The aim of public policy shall always be to ensure and safeguard the legal right of a person which might have accrued to him under a statute as well as under the personal law. If the purport and scope of a public policy is extended to the extent that inspite of......r suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned, ..

Category: Property Law | Date: 26 May, 2008 | Hits: 7

Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......f Md. Sharifuddin Vs. RP Singh, AIR 1961 (SC) 1312, a case under section 24 of Administration of Evacuee Property Act, 1950, 'any person' under section 24 of the Act has been defined the person whose property has been declared as evacuee property by the Custodian…………………………(10) ..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ......n purchaser (Ali Ahmed) got possession of the auction purchased land on 20.01.1954 through court. Ali Ahmed being in possession of the auction purchased land (hereinafter re­ferred to as the suit property) for more than 12 years mutated his name in the Government record and paid rents accordingl..

Category: Property Law | Date: 13 May, 2008 | Hits: 5