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Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
....Artho Rin Court, by his order dated 02.07.2009, issued a certificate under Section 33(5) of the Artho Rin Ain and disposed of the execution case under Section 33(9) of the Ain in favour of the decree holder. Being aggrieved, the petitioner filed the present writ-petition. 3. The High Court Divi......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642...Category: Civil Law | Date: | Hits: 115
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....ties mortgaged to the creditor, on drawing up of the final decree. 17. But in case of a money decree, there is no necessity for drawing up of a preliminary decree or final decree. The money decree holder can pray for sale of any property of the judgment-debtor in satisfaction of his decree, save ......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...Category: Civil Law | Date: | Hits: 79
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......ich was due to the complainant. The accused avoided payment on different pleas and pretexts and always promised to pay within a short period but he failed to clear up the dues and lastly, he issued a cheque of Taka 50,000 only on 15-6-2000 drawn on Sonali Bank, Kallyanpur, Dhaka. The complainant pro..Category: Criminal Law | Date: | Hits: 29
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....1 most illegally, arbitrarily and without any jurisdiction inasmuch as the law does riot provide for any such power to pass an order by the Customs Commissionerate for not re-leasing any goods to the holder of a bonded warehouse licence without prior “no objection” of the Customs Commissionerate......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....as the insured in the policies. We, therefore, hold that the plaintiffs as were named in all the policies are quite competent to sue the defendant, Insurance Company for insurance claims as a 'Policy-holder', under section 46 of the Insurance Act". In respect of the objection of the defendant that t......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....o be a monthly tenant under a written contract. He is bound by the terms and conditions attached with the written agreement and the status of his tenancy does not fall within category of yearly lease holder requiring 6 months notice under the said provision. Moreover, section 106 of the Transfer of ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ected chairman and for an order that he should not be disturbed by said Abdus Salam inasmuch as the deal was done outside Bangladesh and in breach of the existing agreements with all classes of share holders viz., sponsors, foreign investors and local investors, financiers, etc. 7. Writ Petition ......‑2002. The petitioner also furnished details of the broadcasting equipment by its letter dated 7‑7‑2002. Thereafter, the petitioner sent another letter on 15‑7‑2002 along with account payee cheques as licence fee for the broadcasting equipment. Thus, it was amply evident from the above fac..Category: Information Technology Law | Date: | Hits: 230
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....e identified in good faith Haji Asgar Ali in the account opening form whereupon savings account No.5131 was opened at the Corporate Branch of the Janata Bank with Taka 100.00 in the credit of account-holder Haji Asgar Ali. Thereafter two bearer cheques were deposited in the said savings Bank account......the account opening form whereupon savings account No.5131 was opened at the Corporate Branch of the Janata Bank with Taka 100.00 in the credit of account-holder Haji Asgar Ali. Thereafter two bearer cheques were deposited in the said savings Bank account No.5131 in the name of Haji Asgar Ali on dif..Category: Criminal Law | Date: | Hits: 40
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....ecimals of land described in schedule-A to the plaint. On 30-9-90 the suit was decreed on contest in the preliminary form and on 17-11-96 the preliminary decree made final. Then on 19-3-97 the decree-holder put the decree into execution in Other Execution Case No. 2 of 1997 for possession of the sha......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....rst consider the relevant provisions, Order XXI rules 100 and 101 of the Code, which reads: “100. (1) Where any person other than the judgment-debtor is dispossessed of immovable property by the holder of a decree for possession of such property or where such property has been sold in execution......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....for recovery of Taka 17,39,780,70 stating inter alia that both the plaintiff companies were constituted by six persons viz Mr. Muhammad Iqbal, Mrs. Rehena Iqbal, Mr. Mohammad Imtiaz, the Group A shareholders and the defendant Nos.1-3 i.e. Mr. Tanveerul Hoque, Mr. Masihuddin Ahmed, Mr. Kamal Rashid C......sts were made to Group-B Shareholders but without any reply, The plaintiffs also requested their income tax lawyer and Chartered Accountants to get the signatures of the Group-B Directors for issuing cheque but they also failed to get the signatures. Then the plaintiffs by letter dated 8-10-1993 req..Category: Company Law | Date: | Hits: 197
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
.... as per order No. 63 dated 18-11-99 and on 22-11-99 the highest bidder offered to purchase the property at Taka 1,12,00,000 and prayed for setting aside the order No. 63 dated 18-11-99 and the decree holder respondent No. 2 also filed another petition for setting aside the order No. 63 and prayed fo......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....— a. The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier, b. The payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said a...... the said loan amount within the time despite repeated reminders made by the complainant-opposite party. Subsequently, the accused-petitioner upon receipt of repeated requests issued an account payee cheque on 18-6-2000 and the same was deposited in Standard Bank Limited, Principal Branch, Motijheel..Category: Criminal Law | Date: | Hits: 62
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ge dismissed the money execution case only because the property described in column 2(a) of the execution case had already been sold. We are of the view that in the aforesaid circumstances the decree holder petitioner was entitled to get an opportunity to bring any other property of the judgment deb......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217...Category: Civil Law | Date: | Hits: 82
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... the question of execution of the decree arises only when injunction is violated by the judgment debtor. Thus whenever the decree of permanent injunction is violated or willfully disobeyed the decree-holder becomes entitled to execution of the decree in accordance with the provision of Order 21 rule...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....itioners, the provision contained in Order 21, rule 29 and section 151 of the Code may profitably be noticed. Rule 29 of Order 21 runs thus: “29. Where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the decree was passed, the ......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....f No.2 had inducted the plaintiff No.1 in the suit land cunningly and the defendants claimed that the plaintiffs are the tenants under them and they denied the possession of the plaintiffs as a title holder. The DW 1 also admitted the possession of the plaintiffs as tenants and to that aspect of the......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....minimum land in possession comes before the Court with a suit for partition. 6. It is not unusual that at the time of final partition some of the possessor would be affected and some of the decree holder would be benefited. 7. It is also not possible that the entire possession of any party cou......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ..Category: Property Law | Date: | Hits: 31
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....of materials for detention disclosed only some vague allegations of smuggling of gold and illegal arms. 9. The allegations stated in the grounds of detention are that the detenu is an illegal arms holder, notorious murderer, terrorist and god-father of gold smuggling of Zia International Airport.......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....tification that the property has been excluded from the abandoned properties list as per judgment and decree of the Court of law it may do so, but for that reason it cannot refuse or defer the decree holder’s prayer for mutation of his name and acceptance of rent from him or his other acts in enjo......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
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