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Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....f the civil Court was under challenge before the appellate Court and it is yet to be made final keeping operation of the decree stayed till disposal of the appeal, so that the decree cannot be put to execution till it reaches its finality. But such stay order does not mean that any party to the suit......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....the third plaintiff was the tenant in respect of the other suit shop room on the western part. 3. The defendant No. 1 contested the suit denying the contention of the plaintiffs as to execution of the bainapatra by him and alleging that he instituted SCC Suit No. 88 of 1980 for the ...... of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the prope......ayanganj passed in Title Suit No.72 of 1992 dismissing the same. The suit was filed for specific performance of the contract for sale of land for further relief by way of declaration that the sale deeds by the defendant No. 1 in favour of the defendant No. 2 are fraudulent, void, and collusive a..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......obdul Mollah died leaving behind only daughter Moymannessa and accordingly, SA record and RS record were prepared in the name of the said Moymannessa and that she sold out the suit land by registered sale deed on 31‑7‑1974 in favour of Abirjan who again sold the same in favour of Alekjan and tha...... Mollah died leaving behind only daughter Moymannessa and accordingly, SA record and RS record were prepared in the name of the said Moymannessa and that she sold out the suit land by registered sale deed on 31‑7‑1974 in favour of Abirjan who again sold the same in favour of Alekjan and that Ale..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......India since 1971; the right of repurchase of the plaintiffs through Ekrarnama is extinguished after expiry of the period mentioned in the Ekramama and the transaction was treated as an out and out sale: the contesting defendants have purchased the suit land for valuable consideration bonafide wi......ear of 1377 BS the plaintiff respondents approached the defendant No. 1 on several occasions in the month of Falgoon and tendered the consideration money with a request to execute and register the deed of reconveyance; that the plaintiffs also tendered the consideration money to the defendant No..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......writ petition and the Annexures thereto, submitted that the petitioner No. 1 is a non-profit NGO, providing legal assistance in protecting the legal rights of the people, and being concerned with the sale of edible salt without or inadequate iodine contents, which affects the ordinary people of this......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....thout going into merit of the solenama it cannot be safely said that solenama in a criminal case can be treated as a title deed in a properly framed civil suit, specially in view of the fact that the execution of the solenama was strongly denied by the plaintiffs. The learned Advocate for the plaint......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ed the Mouza Map Exhibit 12 to show that, in fact, they have got land adjacent to the suit land. Exhibits 8‑8(b), Exhibit 9, Exhibits 10‑10(c), Exhibits 11(a)‑1l(b) and Exhibit 12 are the title deeds, rent receipts and rent rolls, etc. of the supporting witnesses namely, PWs 3‑7 which prove ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ed Other Suit No. 169 of 2001 against the respondent Nos. 2 to 5 praying for decree for specific performance of contract directing the defendant-respondent Nos. 2 to 4 to register and execute deed of sale pursuant to bainanama dated 20.08.1999 executed by them in favour of the plaintiff-respondent N......tiff filed Other Suit No. 169 of 2001 against the respondent Nos. 2 to 5 praying for decree for specific performance of contract directing the defendant-respondent Nos. 2 to 4 to register and execute deed of sale pursuant to bainanama dated 20.08.1999 executed by them in favour of the plaintiff-resp..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......06 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA and gas connection...... Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA and gas connections and..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......ts that whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as c......at whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contem..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.....(24) If sections 7 and 10 of the Act are read together the intention of the legislature becomes clearer that once the parties to a contra6t agreed to settle their disputes that may arise out of execution of the contract, they must be encouraged and directed to follow the procedure what they ag...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....t, to overawe by Criminal force, or show of Criminal force, the [Government or Legislature], or any public servant in the exercise of the lawful power of such public servant; or Second, to resist the execution of any law, or of any legal process; or Third, To commit any mischief, criminal trespass, ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
.... point of acquiescence and affording opportunity to the parties to adduce fresh evidence. 10. It is needless to mention here that the date of accrual of right of pre‑emption is not the date of execution or presentation of the kabala but the date of registration under section 60 of the Registr......has no land beyond the statutory limit and, as such, he is legally entitled to get the case land by way of pre‑emption. The pre‑emptor has filed the case depositing the consideration money of the sale deed along, with the statutory compensation. 3. The pre-emptee respondent Nos.1 and 2 contest......o land beyond the statutory limit and, as such, he is legally entitled to get the case land by way of pre‑emption. The pre‑emptor has filed the case depositing the consideration money of the sale deed along, with the statutory compensation. 3. The pre-emptee respondent Nos.1 and 2 contested th..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No.12 acquired no title or interest in the suit land by deeds being No.16519 dated 23‑12-94 and No.721 of 13‑1‑95. 3. Plaint case, in short, is t..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....artial law and restoration of the Constitution, all those orders that are executory in nature on the date of such revocation come to an end. Reason is very simple, all authority and force that demand execution are derived from the martial law proclamation and with the exit of the martial law proclam...... with building thereon fully described in the schedule to the plaint and for further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auction sale of the General Certificate Office at Dhaka were all illegal, without jurisdiction, void and of ......ntiffs case, as stated above, is that father‑in‑law of the plaintiff, Dr. Saifuddin Ahmed, got the suit property by way of perpetual lease for 99 years from the C&B Department by a registered deed of lease dated 4‑5‑56. On getting possession of the suit land, he made one‑story building..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......for the appellant, submitted that Motahar Hossain Choudhury, last Mutawalli, got the land included in the list by way, of supplementary enlistment in 1992. Then, Khurshid Alam obtained permission for sale of 1.26 acre of land of RS Plot No.460 appertaining to RS Khatian No.449 from the Waqf Administ...... appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land appertaining to Jote No.8 of JL No.5 by a registered deed of waqf dated 22‑11‑15 which he purchased from one Innat Ali. Then, he got said waqf enlist..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......ess of fishing in the deep sea and marketing marine fish products all over Bangladesh. In order to make further development and extension in his aforesaid business the petitioner purchased in auction sale, pursuant to a notice in this regard published in the Dally Star on 10‑3‑2003, a deep sea f......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....s appellant was ill and went away to America on 30‑5‑1994. He stayed there for two months. In his last written statement he again narrated of the promise of paying Taka 13,00,000 to him after the execution of the bainapatra and the failure of the plaintiffs to perform their dues as per the oral ......en preferred against the judgment and decree dated 15‑4‑1994 passed by the Subordinate Judge and additional Artha Rin Adalat No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal......eferred against the judgment and decree dated 15‑4‑1994 passed by the Subordinate Judge and additional Artha Rin Adalat No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal, in ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......ificate Case No.153/1958‑59 and she along with the defendant No.3 namely, Hanuman Das Agarwala purchased the entire land of the suit Khatian on auction held on 9‑11‑1959, with equal shares. The sale was confirmed on 9‑1‑1960 and they got delivery of possession of the suit land from the Cou......endant No.1, Nurul Haque is in possession of 19 sataks of land and the plaintiff failed to prove that the defendant No.1 entered into the suit land as tenant of the plaintiff. She did not produce any deed of tenancy agreement or rent receipts in this respect and her witnesses are partisan and their ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2