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Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......the Constitution. Furthermore, it is submitted that the signing of an agreement as this does not have to satisfy the require­ments of Article 145 (1) of the Constitution which concerns contracts and deeds made in exercise of the executive authority of the Republic and which alone are required to be..

Category: Constitutional Law | Date: | Hits: 314

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....: Registration Act, 1908: "Section 47. Time form which reg­istered document operates.- A regis­tered document shall operate from the lime from which it would have com­menced to operate if no registration thereof had been required or made, and not from the time of its registra­tion." 34.......y. Later in the month of Jaishtha 1386 M.S. the seller Raja Kha informed that as he could not collect the income tax clearance certifi­cate he is unable to finalize the sale by execution of the sale deed. Later on repeated request by the plaintiff the defendant Raja Kha failed to execute and regist..

Category: Property Law | Date: | Hits: 119

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......No.1 granted a loan of Tk.900000/= (nine) lac in favour of M/S. Jashim Enterprise and another one. As against the said loan the opposite party Nos.6 and 7 stood as guarantor and exe­cuted a mortgage deed dated 20.8.1997 mortgaging the following properties:- District-Dhaka, Police Station-Demra, ..

Category: Civil Law | Date: | Hits: 112

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....was not entitled to any show cause notice or being heard in person. The petitioner in the case in hand was appointed as Nikah Registrar for Ward No.53 purely on temporary basis in addition to his own registration area of Ward No.55. Since the appointment of the petitioner to perform the functions of......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..

Category: Civil Law | Date: | Hits: 130

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......that his wife had a business firm and she is able to discharge the work and there will be no problem if the works are given to the complainant. On good faith, the accused petitioner on the basis of a deed of contract supplied the works to the complainant along with sufficient cash and 10 (ten) blank..

Category: Criminal Law | Date: | Hits: 99

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....rocuring entity is directed to re-evaluate the above ten­ders in the light of the observations made with­in 10 days of the communication of the order. The complainant is entitled to get back the registration fee." 22. The decision of the Review Panel has to be constructed in its entirety. Th......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..

Category: Others | Date: | Hits: 127

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..

Category: Civil Law | Date: | Hits: 136

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....e request of the police officer he attested the seizure list with respect to the red Honda Motor cycle. In cross‑examination he stated that the Honda Motor Cycle produced in Court does not bear any registration number and which was out of order and many of its spare parts were missing. 25. P.W.......f the price of the Honda Rezaul Karim was present. He denied the suggestion that he did not sell the Honda Motor Cycle to Md. Haider Ali on 16‑4‑90 and that to save himself he has created a false deed. 26. P.W.16 Jahurul Islam is another attesting witness of the receipt of the sale with respe..

Category: Criminal Law | Date: | Hits: 131

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anoth­er, 2009, 38 CLC (HCD)

....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......oceedings alleging that the F.I.R. of the instant case does not disclose any offence as alleged and that the accused-petitioner and the informant are partners of a business con­cern upon executing a deed of partnership and that the profit of business as claimed by the informant can only be determin..

Category: Criminal Law | Date: | Hits: 108

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....l Kalam, Age:27 yrs, S/O: Late Kalu Shiekh, Address: Vill: Horinatola, P/O: Konabari, P/s: Gazipur, Dist.: Gazipur, got admitted in Thikana House of Acid Survivors Foundation (ASF) on 17.08.2002, ASF registration No.80/02. He was admitted here with burn injury having following characteristics:- Ã......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

Category: Criminal Law | Date: | Hits: 103

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..

Category: Civil Law | Date: | Hits: 112

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......uted the land and accordingly Abdus Salam got 61/2 decimals of land from northwest portion and Abdul Kader got 61/2 decimals of land from north east. Subsequently Abdus Salam by a registered hebanama deed No.8236 dated 16.11.1989 transferred his portion to the plain­tiff, who is in possession in th..

Category: Civil Law | Date: | Hits: 181

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

.... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ......nd Imam Hosain sons of Hisabdi got the suit land. They transferred the same in favour of Asgor Ali Shikdar vide oral Heba-Bil-Ewaz in 1940 for their own interest and accordingly, on 7.2.1966 exchange deed being No.841 was executed and registered and Asgor Ali became the owner of suit land. He transf..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... "(1) No person shall purchase any immov­able property for his own benefit in the name of another person. (2) Where the owner of any immovable property transfer or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in t..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settle­ment and others, 1996, 25 CLC (HCD)

....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ...... that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Government of East Pakistan subject to the terms and conditions laid down in the lease deed and the lessee constructed and re‑constructed the building thereon by taking loan from the Ho..

Category: Property Law | Date: | Hits: 113

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ....... This witness proved his signature in the seizure list as Exhibit 4/3. This witness further stated in his deposition that he gave the seized electric fan to the cus­tody of one Kamal Chowdhury by a deed of custody. This witness proved the Deed of Custody as Exhibit-8. This witness further deposed ..

Category: Criminal Law | Date: | Hits: 97

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....plied. 19. As per law the power of attorney gives the authority to generally carry out all acts that are necessary for the completion of any transaction agreed upon between the par­ties including registration of the property. Such power of attorney gives the power to deal with other parties incl......od of British Regime. After the State Acquisition and Tenancy Act came into being the suit property vested with the Government. The Deputy Commissioner, Chittagong settled the suit land by registered deed of settle­ment dated 02.05.1978 in favour of Zahurui Alam Chowdhury, the prede­cessor of the ..

Category: Civil Law | Date: | Hits: 115

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

.... the ground that temporary user of the Barges as cause way did not change its status as Barges since the plaintiff Barges named Penta 2 and Penta 3 are still holding the up-to-date renewed Government registration certificate as Barge and also on the ground that it has been decided in the common law ......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......pointed as Mutwalli of the said Estate on 29.7.64 by the Wakf Administrator but that she never had managed or looked after the Wakf Estate or had performed any of the functions imposed by the Wakf deed, she had misappropriated Taka 2,000/- and also obtained the order of eviction against Sayed Ami..

Category: Trust/Waqf Law | Date: | Hits: 124

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ......and. Respondent No.7 is the DC Chittagong while respondent No.11 and 12 are respectively the UNO and the AC (Land), Sitakunda who have allegedly leased out the coastal forest land vide impugned lease deeds in favour of respondent Nos.15-19 for setting up of Ship breaking Yards without permission fro..

Category: Environmental Law | Date: | Hits: 891