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Md. Siddiqur Rahman, Acctt/Funds & Claims & others Vs. The Board of Trustees, Port of Chittagong, and others, 1975, 4 CLC (HCD)

....cretary Port Trust on behalf of the undersigned, duplicating copies thereof to the P.E. Rly. for arranging termination of their lien on the P.E. Rly. from the date of absorption in the Port Trust and transfer of their P.E. A/cs to the Port Trust. The inter seniority of these staff vis-a-vis the...... is discharged. We, however, make no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 481       ..

Category: Administrative Law | Date: | Hits: 1

SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)

....of Civil Procedure (V of 1908); Section 24, Artha Rin Adalat Ain (VIII of 2003), 2003; Section 5 (10) Transfer of the Artha Rin Cases- Section 24 of the Code of Civil Procedure cannot transfer the case of Artha Rin Adalat violating the provision of section 5(10) of the Artha Rin Adal......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ..

Category: Banking Law, Civil Law | Date: | Hits: 3

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ......ini­tiate the proceeding cannot be looked into because it contained references to the state­ments made by late Moshiur Rahman and Keramat Ali and as such is hit by the rule against hearsay. Indeed much has been sought to be made out on what has been described as hearsay evidence in connectio..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

.... 2 daughters who have been living in separate mess. The defendant No.1 used to live with his grand father and grand mother from his childhood. Defendant No.1 used to respect plaintiff who voluntarily transferred the suit land measuring 13.29 acres of land to defendant No.1 on the basis of a Hiba‑b......e put thus: Kafiran Nessa, an old lady of 80 years and pardanashin, as plaintiff instituted a suit being OC Suit No.148 of 1984 in the Court of Munsif, Sapahar for declaration that Hiba‑bill‑Ewaj deed No.5223/83 dated 7.7.83 of Sapahar Sub‑Registry Office is illegal null and void and not bindi..

Category: Evidence Law | Date: | Hits: 7

Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)

....rom a judgment and decree or order of a Family Court to the Court of District Judge." A new sub section (7) under section 17 was added in 1989 which goes like this:- (7) "The District Judge may transfer an appeal to the Court of an Additional District Judge or a Subordinate Judge for hearing a......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..

Category: Procedural Law | Date: | Hits: 31

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

.... the property. He further submits that though the property in question originally belong Haji Faiz Hossain, Miah Abdul Latif, Joynal Abedin Miah and Serajul Islam, the predecessors of the petitioners transferred the same to three non Bangali namely (i) Shamim Ahammed, (ii) Haji Mohammad Omar and (ii......btained probate from the Court of District Judge, Dhaka and sold out the case property to (i) Md. Faiz Hossain Miah, (ii) Abdul Latif Mia, (iii) Joynal Abedin Mia and (iv) Serajul Islam by registered deed No.432 dated 28.11.1945. 4. After purchase they went into possession and enjoying the case p..

Category: Procedural Law | Date: | Hits: 24

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

....que by a registered patta for a period of 9 (nine) years and after expiry of 9 years the said Abdur Rezzaque redeemed the said property in favour of its owner Serajul Islam. Thereafter, Serajul Islam transferred the suit land to Younus Miah and Abul Kashem by a registered deed dated 17.12.1935. Late......it property stating, inter alia, that the suit land measuring 1.66 acres under revisional settlement plot No.490 originally belonged to one Jal Fakkar Ali who sold it to Serajul Islam by a registered deed dated 14.6.1917 and as Serajul Islam was minor at that time his mother in his favour leased out..

Category: Procedural Law | Date: | Hits: 26

Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)

....show cause as to why the Sessions Case No, 315 of 2004 arising out of C.R. Case No.294 of 2004 under Sections 448/385/427/506 of the Penal Code pending before the Sessions Judge, Comilla shall not be transferred to the Court of Sessions Judge, Brahmanbaria and/or such other or further order or order......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..

Category: Criminal Law | Date: | Hits: 18

Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....(1) Md. Rafique ullah and (2) Ahmed Ali which is accepted. Both the accds. are said to be absconding. Issue W.A. & P.A. To 29.1.84". On 29.1.84 the Chief Metropolitan Magistrate Mr. M.R. Chowdhury transferred the case to his own file for disposal. The case record was sent in the meantime to the S......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ..

Category: Criminal Law | Date: | Hits: 144

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

.... Ministry of Works and the agreement for sale was made only after obtaining letter of allotment from the authority concerned; Nazar Ali during his life time could not execute and register the deed of transfer in favour of Jahanara in view of absence of any registered lease deed in his favour from th......earnest money amounting to Taka 1 (one) lakh. In the process aforesaid Nazar Ali entered into an agreement for sale of 4 kathas of land in favour of Jahanara Begum at a stage when no registered lease deed was executed in favour of Nazar Ali by the Ministry of Works and the agreement for sale was mad..

Category: Civil Law | Date: | Hits: 133

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

.... as it stood after amendment on 02.11.65 reads as under:- "Rule 182(1) with a view to preventing the payment of moneys to an enemy firm and to provide for the administration and disposal by way of transfer or otherwise of enemy property or matters concerned therewith or incidental thereto, the Ce......est recorded in the name of Paresh Nath Ghose. But as a matter of fact, the said property belonged to Paresh Nath's father Janaki Nath Ghose who died leaving wife Charu Balaashis only hei­ress. By a deed dated 20.03.48 she sold all her interest in the property in favour of the said Debendra. Debend..

Category: Property Law | Date: | Hits: 64

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

.... the country before 1965. Accordingly the land was treated initially as enemy property and thereafter vested and non-resident property. Bimala Bala Nath or Kalipada Nath and Sudhir Kumar Nath did not transfer any land to the plaintiffs and the sale deeds produced by them were forged. They had no law......da Nath and Sudhir Kumar Nath, who also entered into an agreement for sale with the plaintiffs and on receipt of earnest money, inducted them into possession thereof on 8th Sraban, 1380 B.S. Two sale deeds were accordingly executed on 7.3.1975 and 13.3.1975 and were registered on 15.3.1975 on paymen..

Category: Property Law | Date: | Hits: 57

Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)

....property. He further submits that though the property in question originally belong to Haji Faiz Hossain, Miah Abdul Latif, Joynal Abedin Miah and Serajul Islam, the predecessors of the peti­tioners transferred the same to three non-Bengali namely (i) Shamim Ahammed, (ii) Haji Mohammad Omar and (ii......btained probate from the Court of District Judge, Dhaka and sold out the case property to (i) Md. Faiz Hossain Miah, (ii) Abdul Latif Mia, (iii) Joynal Abedin Mia and (iv) Serajul Islam by registered deed No.432 dated 28-11-1945. 4. After purchase they went into possession and enjoying the case p..

Category: Property Law | Date: | Hits: 66

Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......ted 18‑2‑88 declaring the Cheora Degree College as Cheora Government College with effect from 19‑9‑87 and by that notification the Cheora Government College was nationalised. On 15‑9‑87 a deed of agreement was entered into in between the College Authority and the Government settling the ..

Category: Employment/Service Law | Date: | Hits: 72

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

.....1-3, held by them in M/s Combined Food and Cold Storage Ltd., (a pri­vate company limited by shares), certificate of incorporation number C-32902 (2023)/97); that Form-117 were executed by the said transfers in favour of the plaintiffs and that the defendant No.1 and 2 have sworn affidavit Nos.85 ...... loan applicant, i.e. the company represented by its Directors, has offered as collateral security the land of the Cold Storage Ltd., measuring 1.57 acres, by way of exe­cuting a registered mortgage deed in favour of the Bank. Thereafter, the Bank has subsequently grant­ed working capital loan fro..

Category: Administrative Law | Date: | Hits: 212

AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)

....Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......o.1, Rupali Bank Limited, Hazaribagh Branch, Dhaka (hereinafter referred to as the Bank). At the time of obtaining loan they mortgaged their personal properties as security to the loan by exe­cuting deed of mortgage and power of attorney in favour of the Bank. The petitioners having failed to re-pa..

Category: Civil Law | Date: | Hits: 159

Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)

....ite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No.1276 and 1449 as described in the Schedule 'Ga' of the plaint. On transfer the suit was renumbered as Title Suit No.281 of 2004. 3. The defendant No.22 herein peti......tement denying all material allegations made in the plaint and contending, inter alia, that he purchased the property measuring an area of 2.24 acres of land by way of 35 numbers of registered kabala deeds; that the defendant Nos.22-24 along with others claimed their respective saham by filing separ..

Category: Property Law | Date: | Hits: 58

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

.... on the weakness of the defence evidence. Thirdly, various provisions of the Easement Act, 1882, particularly sections 52 and 56 clearly show that licence creates a right in personem, which is not transferable or heritable. Fourthly, even if the disputed licence relationship is taken to be tru......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..

Category: Civil Law | Date: | Hits: 123

Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)

....f the defendant Nos.1 to 3. The defendant Nos.2 and 3 sold their share in plot Nos.481, 482, 338, 276, 337/516 and 228 to defendant No.5 by a registered sale deed dated 14.2.1977. Defendant No.1 also transferred his share to defendant No.5 from the aforesaid plots by a registered sale deed dated 18....... or orders as to this Court may seem fit and proper. 2. That the opposite party Nos.1 and 2 as plaintiffs on 16.10.1994 instituted Title Suit No.145 of 1994 for declaration that (a) the registered deed No.3118 dated 2.2.1978 of District Registration Office, Jessore was not binding upon the plaint..

Category: Property Law | Date: | Hits: 52

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

.... 8. Defendant‑opposite party Nos.3‑5 being aggrieved filed Title Appeal No.229 of 1988 in the Court of District Judge, Kushtia. The Subordinate Judge, Kushtia heard and disposed of the appeal on transfer allowing the same by the impugned Judgment and decree reversing the Judgment and decree pas......nce defendant Nos.1 and 2 became disobedient and wanted to sell the suit land to others by taking advantage of the fact that the said kabala stands in their names he asked them to reconvey the kabala deed in his favour. But the defendant Nos.1 and 2 lastly refused to do so on 4‑7‑86. Hence, the ..

Category: Civil Law | Date: | Hits: 59