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Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)

....the Petitioner. Nurul Islam Chowdhury, Advocate ‑ For the Opposite Party. Civil Revision No. 215 of 1986. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of decree‑holder petitioner Tripura Modern Bank Ltd., in liquidation against order dated 22.8.85 passed by the......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...

Category: Civil Law | Date: | Hits: 103

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....talment on 12.3.70 but could not pay the 2nd instalment due to war of liberation though he was ready to pay the 2nd instalment within the stipulated time for which no action was taken by the decree‑holder; that the plaintiff being managing director of the said company entered into an agreement on ......f Rs 3,60,000/‑ on receipt of Rs. 65,000/‑ as advance as acknowledged in paragraph 4 of the said agreement as well as by granting a separate receipt dated 29.11.69 Ext. C for Rs. 65,000/00 by two cheques. Delivery of vacant physical possession of the demised suit property to the said purchaser c..

Category: Property Law | Date: | Hits: 69

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..

Category: Property Law | Date: | Hits: 87

Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....s that there has been a long standing enmity and protracted litigations between the informant Omar Ali on the one hand and accused party on the other. Messers Paul Choudhury was the Zaminder and Land holder of that locality and that they left the country and on their departure the property was made ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..

Category: Criminal Law | Date: | Hits: 67

Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)

....plaintiff and thereafter on consideration of the same decreed the suit ex parte and directed the eviction of defendant‑opposite party No.1 from the suit holding. Thereafter the plaintiff‑decree‑holder put the decree into execution by Execution Case No.14 of 1981 and the decree was executed thr...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..

Category: Procedural Law | Date: | Hits: 94

Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)

....ense to a litigant party resorting to proceedings after proceeding to have his affairs settled in the manner he wishes causing untold harassment to the successful party especially when he is a decree holder. 20. It is true that sometimes, we allow the application under order 9 Rule 13 of the Code......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..

Category: Property Law | Date: | Hits: 82

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......ere executed, one for each of the suits. The solenama in Family Suit No.322 of 2005 provided inter alia that the dower money of Tk.8,00,000/- will be paid by the respondent in twelve installments, a cheque for Tk.66,666/- was paid to the petitioner on 03.04.2006 and eleven post-dated cheque would b..

Category: Family Law | Date: | Hits: 327

Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)

....ccount with Barclays Bank Finance Company (Jersey) Ltd., at Channel Island, and out of love and affection for the opposite party and security for her life allowed the opposite party to become a joint holder of the said account of the Bank in which there was substantial amount. The petitioner had giv......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...

Category: Family Law | Date: | Hits: 230

Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)

....ic Demands Recovery Act which is special law gives a general bar to the jurisdiction of the Civil Courts except that a Civil Court may entertain a suit on the question arising between the certificate holder and the certificate debtor relating to the making, execution, discharge or satisfaction of th....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...

Category: Civil Law | Date: | Hits: 79

Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)

....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......he petitioner issued a Cheque on 30th April, 2008 drawn on Bangladesh Commerce Bank Limited, Bangshal Branch in favour of the respondent No. 2 which was presented by the drawee for encashment but the cheque was dishonoured on 15th June, 2008. Thereupon, the drawee-respondent served a legal notice th..

Category: Criminal Law | Date: | Hits: 118

Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)

....efused to vacate the property on demand, on the ground that they have obtained registered deed of gift from Nabaddip Chandra Banik on 1-11-1978 and, as such, they are the rightful possessor and title holder of the suit property. Plaintiffs assert that the said deed of gift is a forgery and obtained ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..

Category: Property Law | Date: | Hits: 75

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

....he Companies Act in the then East Pakistan with its registered office at Dhaka. One Mr. S Khurshid Anwar was allotted and issued 969 B Class shares of Tk. 25/‑ each in the years 1968. The said shareholder Mr. S Khurshid Anwar sold his 969 (fully paid up) shares of the then Eastern Banking Corporat......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..

Category: Company Law | Date: | Hits: 175

Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)

....rs filed an application under section 151 of the Code of Civil Procedure for restoring the said case stating, inter alia, that the petitioners filed hajiras of 3 witnesses on 30.12.72 that the decree holder did not pay the CP cost and did not take any steps on the date; that the opposite parties 1â€......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..

Category: Procedural Law | Date: | Hits: 83

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......Islam Bhuiyan on the same date that on 12.7.66 during the transaction hour the defendant No. 3 took a sum of Tk. 19000.00 from him for making payment to a constituent giving an understanding that the cheque for the amount would be given afterwards but the defendant No. 3 later on did not give him th..

Category: Civil Law | Date: | Hits: 82

Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)

....r alia, that the case land belonged to opposite parties 4 and 5, who sold the same to the opposite parties 1‑3 by a kabala dated 27.4.73. The pre‑emptor claims that though he is a contiguous land holder he did not know about the transfer but he came to know about it in the month to Sravan, 1380 ......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...

Category: Property Law | Date: | Hits: 72

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....e. The suit was eventually decreed. Thereafter, the decree-hold­er put the decree into execution in Artha Rin Jari Case No.153 of 2007. As judgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news paper on 14th June......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..

Category: Civil Law | Date: | Hits: 113

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... third party mortgager, was made defendant No.3. Ultimately the suit was decreed ex parte against the borrower and on contest against the petitioner by judgment and decree dated 25.5.2009. The decree holder bank put the decree in execution by filing Artha Execution Case No.131 of 2009 and initiated ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 80

Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)

....ion under the ownership of Judgment‑debtor Nos. 1, 2, & 3 named Ajirannessa, Arnanullah, Azim Ali will be attached and to be sold in open auction directed and guided by the court and the decree holder to be compensated, with Tk. 5000.00 for his loss and sufferings from the attached property.â€......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...

Category: Procedural Law | Date: | Hits: 95

Abdul Jalil Sheik­ Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)

....discussed everything in great detail and all the points were found in favour of the pre‑emptor. His application under section 96 was found to be within time. He was found to be a contiguous land‑holder. It was also found that he was entitled to the relief of pre‑emption. But for non‑payment......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ..

Category: Property Law | Date: | Hits: 75

Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)

....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......were also granted overdraft facilities against their pledged stock of goods covered by valuable securities, charge documents, title deeds of property, etc. and the said defendants drew the advance by cheque through different accounts maintained with the plaintiff Bank and that defendant No.5 was leg..

Category: Civil Law | Date: | Hits: 92