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Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....ant No.12 and became exhausted. This way the defendant Nos. 3-7 and pro-forma defendant No.12 started possessing the suit land exclusively through the plaintiff No.1 who being the Power of Attorney-holder is in actual possession. For development of the tea estate there needed huge amount of money ......as stipulated that Tk. 20,00,000/- would be paid as earnest money and after receipt of the rest Tk.30, 00,000/- they would execute and register a sale deed. Accordingly, the defendant No.1 issued a cheque for Tk.10, 00,000.00 to be drawn on from HSBC Bank, Agrabad Branch, Chittagong on 30.4.2004 b..Category: Civil Law | Date: | Hits: 115
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......00 by 31-12-92. The respondent No.1 however, failed to make payment of the first instalment of Taka 50,000.00 by 15th April, 1992 and instead sent the petitioner a letter dated 30th April including a cheque for Taka 35,000.00 towards payment of the first instalment of the schedule with a promise to ..Category: Company Law | Date: | Hits: 145
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....on of party was added as defendant No. 4 in the suit. 3. Ultimately, the suit was decreed ex-parte by the ex-parte judgment and decree dated 17.3.2003. After getting the ex-parte decree the decree-holder-Bank in usual course put the decree in execution by filing Artha Execution Case No.15 of 2003......, 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. ..Category: Civil Law | Date: | Hits: 176
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....ent either registered or unregistered. 9. Learned Advocate next relied on the decision of Ashak Ali Prodhania Vs. Md. Anwar Khan and others, 8 BLC (AD) 10, where it has been held that, if a shareholder enjoins his specific share exclusively within the knowledge of other co-sharers, the other ......d of bainanama was executed in between the plaintiff and the defendant No.1 being deed No.4481 registered on 13-03-2006. The plaintiff paid the balance consideration money of Taka fifty lacs vide cheque No.02234000016 dated 12-03-2006 to the defendant. The balance consideration money according t..Category: Civil Law | Date: | Hits: 200
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
...., against the petitioner and others for realization of money amounting to Tk. 48,68,970.29 by selling the mortgaged property. The suit was decreed in preliminary form on contest on 1.6.97. The decree holder bank did not take any step immediately although the preliminary decree was sealed and signed ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..Category: Limitation Law | Date: | Hits: 162
....ng Hill Tracts Regulations and the Rules made thereunder as to the recognition of Bohmong chief but there is only mention about investiture under rule 48. Thus it is clear that Bohmong chief is not a holder of any Government post but is a political office and is merely nominated and recognised by th......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
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Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... 29-10-1987 the opposite party No.4 sold out the case land to the opposite party Nos.1-3 for a consideration of Taka 30,000; that the opposite party Nos.1-3 are neither co-sharers nor contagious land holders of the case land; that the petitioner is the owner of the case land; that the petitioner is ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......nstruction under the Government of Bangladesh. It has been alleged in C.R. Case No.1706 of 1979 (Crl. Revision No.97/80) that the account of the partnership firm was opened with the Janata Bank and cheques were collected through the said bank that the firm undertook the construction of three bri..Category: Criminal Law | Date: | Hits: 87
.... of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-holder petitioner.
2. It appears that the International Finance Investment and Commerce Bank Ltd.......ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
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Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
..... That suit was decreed on contest and a sale deed was executed and registered by the Court itself on behalf of the defendant in Execution Case No.13 of 1997. In the said execution case in the decree holder submitted an application under section 153 of the Code of Civil Procedure praying for amendme......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..Category: Procedural Law | Date: | Hits: 253
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....fect is to be published year to year. Bangladesh and India declared to be 'Reciprocating Territory' by simultaneousgazette notification dated 1-7-76 and 1-2-76 respectively. The opposite party decree holder did not produce any paper before the Courts below to that effect as such, we are of the view ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
....occasions the petitioner participated in the tender and in the second occasion he became the highest bidder having quoted Taka 2,25,000,00 as against Taka 2,23,88,750.00 for which the current lease‑holder is running the Ferry ghat. Copies of the said Notification published in the newspaper are ann......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
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Category: Civil Law | Date: | Hits: 178
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... treated the suit property as vested property. Against the decree neither Government nor Vested Property authority preferred an appeal challenging the said decree, but only alleged year to year lease holders preferred an appeal, though, they had ho locus standi to challenge the aforesaid Judgment an......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. ..Category: Procedural Law | Date: | Hits: 108
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....a Leave Petition before the Appellate Division of this Court being Misc. Petition No.3 of 1993 but the same was also dismissed by their Lordships on 23‑2-1993 as not pressed. Meanwhile the decree‑holder plaintiff in the SCC Suit put the decree into execution by starting SCC Execution Case No.10 ......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....atter of appointment in the service of the Government are generally five in number, (a) Government must be maker of appointment of the persons; (b) The authority has got the right to remove the holders' of office; (c) Government must pay remuneration to them from public exchequer; (d) Th......matters relating to "Anti-Corruption Commission". The further case of the petitioner is that since the respondent No.1 received salary and other allowances as an officer of the Republic from public exchequer he holds the post in the Service of the Republic. It is further asserted in the petition tha..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... respondent authority in strict compliance of bidhi 50(2) of the Probidhanmala, 1990 terminated the petitioner from service and he was asked by a letter dated 20.03.2006 to receive the salary paid by cheque for 90 days; the petitioner neither received the cheque nor the letter of termination and bot..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....ble to them under Artha Rin Adalat Ain of 1990 laid a suit being Title Suit No.1 of 2002 in a court of ordinary civil jurisdiction, that is First Court of Joint District Judge, Khulna, against decree-holder Janata Bank for a declaration that the preliminary and final decree passed in Artha Rin Suit ......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ..Category: Procedural Law | Date: | Hits: 84
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....s passed long before in the year 1991 and thereafter 3 execution cases were filed one after another and all of those execution cases were dismissed for default for the laches/negligence of the decree-holder bank. This fact cannot be ignored or brushed aside. Since at the time of coming of the Artha ......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ..Category: Limitation Law | Date: | Hits: 140
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....tor, Ishaque Chowdhury alias Bahadur, respondent No.3, for TK.8,10,200.00 in Mortgage Suit No.72 of 1995 of the Court of Subordinate Judge and 1st Artha Rin Adalat, Chittagong. Thereafter, the decree holder Bank started Execution Case No.32 of 1998 and the mortgage properties i.e. schedule I and II ......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..Category: Others | Date: | Hits: 140
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....imited" with an authorished capital of Taka 20,00,000.00 (Taka twenty lakh only) divided into 20,000 shares of Taka 100.00 each. The petitioner was a promoter along with respondent No.2 and is a shareholder Director of Star Services Limited. The present share holding of Star Services Limited is as f...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..Category: Company Law | Date: | Hits: 185
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