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Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....foresaid pledge of jute goods. The cash credit limit of 5 lacs was renewed and enhanced to Tk.40 lacs in the year of 1976‑77 against pledge of jute goods and equitable mortgage of the schedule property at Block No.NE(K) Plot No.11, Road No.83, Gulshan Model Town, Dhaka. The above limit of Tk.......the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the Court.....................(9) Cases Referred to- Dawoodbhai Kassemji Matiwalla and another Vs. Shaikhalibhoy, AIR 1953 (Born) 445; Kishenlal and others Vs. Radhalal and other..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....hich adversely affected his interest. Section 52 of the Transfer of Property Act provides that during the pendency of any suit or proceeding which is not collusive and in which any right to immovable property is in question, the property cannot be transferred or otherwise dealt With by any party to ......vision (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......991) 98. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e plaintiff appeared in that suit and 16.5.73 was fixed for filing written statement. Thereafter there was talk for compromise and in that suit defendant No.1 admitted to have agreed to sell the suit property to the present plaintiff and he also admitted delivery of possession of the suit property i......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....arned Subordinate Judge, 1st Court, Chittagong in Title Suit No. 18 of 1983 on 5.7.75, decreeing the suit. 2. The Suit was for declaration of title to the suit land with 3 houses thereon, a town property at Chittagong, with confirmation of possession of Schedule A (southern portion) and recover...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment March 15, 1990. Result: ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
.... The appeal is allowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powe......e within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person can not be convicted under section 16 for committing theft of such property…&hel..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....Judgment Shahabuddin Ahmed J. – The question involved in this appeal by special leave is whether the trial Court’s order staying the proceedings of an Execution Case (only in respect of the property in T.S. No. 319 of 1986) pending disposal of plaintiffs-appellants’ suit for specific per......ember 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... 1985 allowing an application under Order 9 rule 13 of the Code of Civil Procedure. The parties herein are heirs and descendents of late Shamsul Huq who died leaving a substantive amount of immovable property. 2. The petitioners and the opposite party No. 1 are full brothers born of the womb of...... Case is also Reported in: 43 DLR (1991) 82. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....case are that the opposite parties as plaintiffs instituted a suit being Title Suit No. 68 of 1986 in the First Court of Subordinate Judge, Dhaka for a declaration of their 16 annas title to the suit property being a pond having an area of 8640 acre of CS plot No. 212 of CS Khatian No.12133 of Mouza......Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....). Defendant No.1 A.K. Murshed in the Summary Militery Court claimed adverse possession in the suit land without observing the legal requirements of first surrendering the possession of the property to the owner and then regaining the same through Court on establishing adverse possess......l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....ment for sale. The defendant No.2 who is the daughter of defendant No.1 filed petition before the Additional Deputy Commissioner (Welfare Mymensingh), defendant No.4 asserting her title to the suit property and seeking aid for getting possession by evicting the plaintiff there from. The defendant ......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
..... Under the Guardians and Wards Act, 1890 read with the Majority Act 1875 any person (male or female) below the age of eighteen years is a minor for the purposes of guardianship of minor's person and property.
In the matter of guardianship and custody of the person of a minor the Court may put th......990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....ith utmost care. In this case the trial Court granted the prayer despite the objection of the Bank. Be it noted that the Bank filed an application under Order 38, Rule 8 for investigation of claim to property attached before judgment and it was numbered as Misc. Judicial Case No. 1 of 1984. The Hi......ult: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the def..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....th or with transportation for life or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine. Explanation.- In this section, "dowry" means any property or valuable security demanded from the wife or her parent, guardian or any other relation......nal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as follows- "Accused Hormuz Ali who is on bail files hazira and is present in the court. The record is taken up for framing of charge. Perused the F.I.R., C/S a..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....ct and ha made a lengthy submission as to rights and interests of a mortgagee-auction-purchaser on a suit for enforcement of mortgage. He has contended that when a prior mortgagee brings the mortgage property to sale and himself purchases if he acquires the equity of redemption. He has explained tha......R (AD) (1988) 56. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....ment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and ...... namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and approving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acre..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....ansferred to the Second Court of Subordinate Judge of that place and was renumbered as Title Suit No.4 of 1982. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in the cust......ip;………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the ..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
.... not provide a remedy. It was adopted as a juristic device to prevent injustice. 24. Equity will not suffer a wrong to go without a remedy. A promise thus would create a right and an interest in property though not in law but in equity. It would be enforceable even if it would fall short of a c......n Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others………………&hell..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ied Fulson after the death of her first husband. Fulton also died leaving son Afezuddin, 2 daughters Aiful (through her first husband) and Lal Baru, Aiful inherited 18 gandas and 3 karas share in the property and sold the same to Kinu Bhuson, benamder of Rajendra Chandra Das and Khirod Chandra Das R......lso Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
..... According to the language of section 45 which defines cheating, there are two parts. Under the first part the person deceived must have been fraudulently and dishonestly induced to deliver any property and the second part is in respect of a person who by deceiving another intentionally induce...... The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The S..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
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