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Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......this connection we may profitably refer the decision in the case of Nazimuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held "since the date of receipt is a question of fact to be ascertained at the time of trial, non-disclosure of such fact in the complain..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ract for sale of any immovable property can be specifically enforced unless- (a) The contract is in writing and registered under the Registration Act, 1908, whether or not the transferee has taken possessions of the property or any part thereof, and (b) the balance amount of consideration of t......it for Specific Performance of Contract in the Court of learned Joint District Judge, First Court, Narayanganj being Title Suit No.11 of 2006 alleging inter alia, that the defendant No.1 got the suit land from Rajuk and mortgaged the same with Sonali Bank, Tanbazar Branch, Narayanganj. He wanted to ......he plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......d not deposit the same the plaint was liable to be rejected. 4. The plaintiff filed a written objection against the prayer for rejection of the plaint contending, inter alia, that the agreement in question was executed before the said amendment of the Specific Relief Act inserting Section 21A and..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....id plot from 376 to 375 square yards and the amount of 'Salami' from Tk.50,625 to Tk.50,625 if paid in installments. Meanwhile, a Sub-Divisional Engineer of the Housing Estate delivered joint possession of aforesaid plot to said allottees vide letter of possession dated 21.03.1981 and on the......ossession of said plot. After receipt of the entire lease money, said respondent No.7 on behalf of the President of the Republic executed and registered a lease deed dated 22.02.1982 leasing out said land to the four allottees for 99 years. All four allottees also signed the deed as second party. Th......y. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......enging the said cancellation. The added respondent No. 9 petitioner not being the officer of the National Housing Authority had no part to play for taking decision in the said cancellation. Hence the question of responsibility of respondent No.9 for cancellation does not arise. He was later added as..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....arder who transferred the same to his only daughter, the defendant No.1 by executing registered Heba-bil-ewaz deeds No.4080 and 4266 dated 8.6.1997 and 15.6.1997 respectively and delivering possession thereof to the defendant No.1. Lokman Hossain Sarder also transferred his other lands in ......aintiff Nos.1-5 are full brothers and the sole defendant is their sister and the plaintiff No.6 is their mother. The aforesaid two registered deeds are Heba-bil-ewaz deeds in respect of the suit land mentioned in the schedule to the plaint which were executed by one Lokman Sarder in favour of h......t once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......e in the existence or non-existence of a material fact. It was, thus, for the plaintiffs to prove the non-existence of that material fact, namely, the non-existence of the Heba-bil-ewaz deeds in question in the eye of law and, further if no evidence was led on either side it would be the plaint..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....taking a further loan of Tk. 7000/- (Seven thousand) he executed a bainapatra on 15.01.1971 at Barishal acknowledging his earlier receipt of Tk. 10,000/- for sale of the suit land and delivered its possession to her and there was a stipulation that defendant No.1 would execute and register the s......rom plaintiff and upon taking a further loan of Tk. 7000/- (Seven thousand) he executed a bainapatra on 15.01.1971 at Barishal acknowledging his earlier receipt of Tk. 10,000/- for sale of the suit land and delivered its possession to her and there was a stipulation that defendant No.1 would execu......ppeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......urt of Senior Assistant Judge, Balaganj, Sylhet. 3. Plaintiffs claimed that Amir Kha, the predecessor-in-interest of both the plaintiffs and the defendants was the original owner of the schedule land who died leaving behind 3 sons Haban Ali, Mofiz Ali and Nochin who got 1/3 share each of the pr......d in: 29 BLD (HCD) (2009) 394. ......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......to the issuance of the Rule, in brief, are: The petitioner was given in marriage to respondent No.1 on 27.2.1998. The petitioner is the mother of the detenu child. She has been residing in London, England for the last 6 years. Currently, she has been enrolled in two years' diploma course in busi......ui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......lip;………………………Respondents Judgment March 16, 2009. Result: The Rule is made absolute. Custody of Child The question of welfare will be dealt with by the Family Court which will take into account in whose cus..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......erintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ...... No.13454 of 2008 is discharged and Criminal Appeal No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case In a Nari-o-Shishu case, the victim is not an accused and thus the question of her release or custody was not a matter for determination under section 498 of the Code...Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ...... to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......tice, no cause of action arose to file the case and so no offence under section 138 of the Act has also been disclosed but whether the petitioner received the legal notice or not is merely a disputed question of fact and the same should be decided at the trial and the plea of the petitioner is nothi..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....nt. The mortgaged property was ultimately sold in auction and the opposite party No.1 purchased the mortgaged property at Tk.9, 50,000/-. The sale was confirmed and thereafter the writ of delivery of possession was also given. Thereafter the petitioner, a Sweater Factory who is in possession of the ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......e learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......es of children. Efforts must be made to explore the root causes of the children’s deviant behaviour and to remedy that. They are to be given all the benefit that our Constitution and the law of the land provide for them. We are also obliged to implement various beneficial provisions of internation......itted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......egally ordered the transfer of Rony to the District Jail, where he was unlawfully detained, until enlarged on bail by this Court. 8. The learned Deputy Attorney General, Mr. Abdus Samad Kamal only questioned the petitioner’s locus standi to file the instant writ petition, particularly in view o..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ...... from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......5530 of 2008, Writ Petition No.8333 of 2008, Writ Petition No.2463 & 2461 of 2008, Writ Petition No.5716 of 2008, Writ Petition No.3524 of 2008. Judgment Sheikh Abdul Awal J.-As common question of facts and law are involved in these writ petitions they are heard together and are being..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......thin 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......Act is one month. On trial, both the parties are entitled to adduce evidence both oral and documentary. The trial Judge in deciding the case under the Act has to consider first, whether the cheque in question was dishonored and whether after fulfilling the legal requirement of section 138 (b) and (c..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......er and the said file was placed before the honorable Chief Justice who accorded his approval by endorsing his opinion হ্যাঁ at the bottom of the note sheet dated 27.8.2000. 12. Now the question arose whether the aforesaid approval of the Hon'ble Chief Justice of Bangladesh by..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......the suit jote was purchased by one Chanda Bibi in auction on execution of the decree passed in Rent Suit No.593 of 1951. The heirs of Chanda Bibi named A Sattar and Suratan Nessa transferred the said land by way of Heba-bil-Ewaz dated 11-11-1985 in favour of pre-emptor. The pre-emptor has got a shop......n the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....erence.
22. He did not hide his frustration by
expressing that there must be an end of litigations and all such proceedings
were nothing but design to prevent the opposite parties from getting possession
of the suit property and enjoying the fruit of long litigations.
23. Only issue tha......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......ioner.
TH
Khan with Mahbubur Rahman and Md.
Ahasan, Advocates — For the Opposite Parties.
Civil
Revision No. 2022 of 2008.
Judgment
Md.
Abdur Rashid J. -
This Rule was obtained on behalf of the above deity upon making a revision
application under section 115(1) of the Co......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......ppeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......e "applicability of the limitation has not been mentioned in the said circular. It appears that the realized amount is a deposit and in the lawful custody of the Port Authority and, as such, the question of limitation relating to refund under rule 70 of the Jetty Rules does not arise at all and..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......n this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......eard the learned Counsels for both the sides at length and perused the petition, FIR, charge sheet, impugned order of sanction and other annexure appended to the petition carefully. 13. The moot question that falls for consideration before this Division in this writ petition is, whether the ini..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ...... Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......icial for the Petitioner No.1 transferee ‘cestui que trust’. That principle would equally inure to the benefit of Mariam Ispahani as the transferee of 3,000 ordinary shares from MAHI. The question that now remains is whether in the facts and circumstances of this case in general, and wha..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......default. 2. Opposite party No. 1 instituted the Miscellaneous Case No.12 of 2002 (pre-emption) in the Court of the learned Assistant Judge, Nasirnagar, Brahmanbaria for pre-emption of the case land claiming as co-sharer by inheritance. The petitioner resisted the claim of pre-emption by fil......o costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
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