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Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......put pressure upon the petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transaction between the parties was a contract for sale, for which the remedy lies under the Sale of Goods Act, 1930 in the appropriate Civil Court onl...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: | Hits: 1
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......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)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......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
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....he bid of the petitioner being the lowest work orders were issued by the respondent No.4 in favour of the petitioner on 20-3-1986 and 25-10-1989 respectively. The petitioner thereupon started the execution of work and received running bill except a part of running Account bill No.5 for construct......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....defendants 1-7, 11 and 12, while the other set of written statement was filed by the defendant Nos.8-10 jointly. 4. In the written statement filed by defendant Nos.1-7, 11 and 12 they admitted the execution of Bainapatra in favour of Jahanara by their predecessor Nazar Ali but they expressed th...... the city of Dhaka and after such allotment the delivery of possession of the said land was made over in favour of Nazar Ali on 20-11-74, thereafter on 29-9-81 Nazar Ali entered into an agreement for sale in favour of Jahanara Begum in respect of 2 1/2 katha of land appertaining to western part of p......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)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......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
....ed to Kalipada Nath and Sudhir Kumar Nath. Due to arrear of rents, a certificate case was initiated in respect of the Ka scheduled land and ultimately it was sold in auction to Bimala Bala Nath in an execution case on 11.5.1962. The sale was confirmed by issuing a baynama in her name and she went in......mar Nath. Due to arrear of rents, a certificate case was initiated in respect of the Ka scheduled land and ultimately it was sold in auction to Bimala Bala Nath in an execution case on 11.5.1962. The sale was confirmed by issuing a baynama in her name and she went in possession thereof. Bimala Bala ......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)
.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......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
....unting to Tk.1,30,40,106.00 with interest and eventually, the said suit was decreed ex-parte on 27.9.1993. After getting the ex-parte decree the decree-holder-Bank in usual course put the decree into execution by filing Artha Rin Execution Case No.3 of 1995. The Artha Rin Adalat on several occasions...... ex-parte decree the decree-holder-Bank in usual course put the decree into execution by filing Artha Rin Execution Case No.3 of 1995. The Artha Rin Adalat on several occasions fixed date for auction sale of the mortgaged property but due to various reasons the property could not be sold in auction ......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
..
Category: Civil Law | Date: | Hits: 145
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. ...... 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)
....he said transfers in favour of the plaintiffs and that the defendant No.1 and 2 have sworn affidavit Nos.85 and 86 on 26-7-2006 and the defendant No.3 has sworn affidavit Nos.17 on 7-8-2006 affirming execution of aforesaid share transfer forms in favour of the plaintiffs. Accordingly, the plaintif......ed from the Bank. But, the Directors committed breach of the terms and conditions of the pledge deed by illegally selling the pledged potatoes without knowledge of the Bank and without depositing the sale proceeds of the pledged goods in the Bank to adjust the loan account and for that reason the Ba...... 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)
....e of the Adalat on 19-4-1992. The Judgment-debtors having failed to pay the decretal dues, the Bank filed Decree Execution Case No.50 of 1994 and then Decree Execution Case No.183 of 2000. The second execution case was rejected disallowed on 24-10-2002. Thereafter, the Bank on 28-4-2003 filed Decree......bsequently, renumbered as Artha Jari Case No.74 of 2003. In the execution case, the Adalat on perusal of the record hold that the third execution case is within time. Notice was published for auction sale of the mortgaged property in the execution case. At one stage, the Bank filed an application un......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
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....pleading the petitioner as defendant for realisation of Taka 25,06,408 with interest till 19-4-2005. 3. Eventually the suit was decreed ex parte on 18-9-2005. 4. The bank then put the decree in execution in Artha Execution Case No.60 of 2006. The bank tried to sell the mortgaged property in au......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ..Category: Civil Law | Date: | Hits: 139
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....ce of High Commission of Pakistan at Calcutta on 6.5.2004. Khanto Bibi had been possessing the suit lands. Pursuant to promulgation of East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 execution and registration of the exchange deeds for the properties of Hindu community in the then E......exchange deed No.3118 dated 2.2.1978 infavour of 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 afor...... 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
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ...... a stranger thereto. Opposite party No.2 transferred the case land to Opposite Party No.1 by a registered Kabala dated 9‑2‑77 at a consideration of Taka 2000.00 only but no notice of the disputed sale was served upon him as required under section 89 of the SAT Act. It was further alleged that op......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... the Suit by filing written statement denying all the material allegations of the plaintiff‑petitioner contending, inter‑alia, that the defendant Nos.1 and 2 purchased the suit land by registered sale deed dated 23‑4‑59 by their own earning as well as by the sale proceeds of some ornaments o......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
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....for Leave to Appeal Nos.480 and 481 of 1993 and these petitions were dismissed by the Appellate Division on 29‑6‑1994 and thereafter the petitioners started Execution Case Nos.6 and 7 of 1994 for execution of their above decrees. Thereafter the plaintiff, Kafiluddin filed his Tide suit No.21 of ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ...... 6.28 acres recorded in District Settlement Khatian No. 157 and Misrijan in amicable partition had been in possession of 0.57 acres of land of Plot No. 679. Afterwards she gifted her land by Hebanama deed dated 14-3-1936 in favour of her grandsons Aminullah, Emdadullah, Basirullah and Mafizullah. Em..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....f the pre-emptor, the pre-emptor cannot pre-empt the land of pre-emptee No.2. He lastly submits that according to section 47 of the Registration Act, registered document operates from the date of its execution and not from date of its registration, and that, as such, the pre-emptor being a subsequen......ation. In support of this contention, reliance may be placed on the case of Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. In the case referred to above, the Appellate Division has held that sale deed executed earlier but registered later in point of time will prevail over sale deed execute......t is, after more than 3 months of its execution. The court of appeal below held that pre-emptee No.2 could not give satisfactory explanations as to why he waited for more than 3 months to present the deed for registration after its execution. 15. In order to ascertain which of two kabalas in the ..Category: Property Law | Date: | Hits: 38
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. .......3323 dated 26.06.1984. That thereafter Sabiron Bewa pro forma defendant No.3 (as stated in plaint) has also sold out 1.06 decimals of land in favour of defendant No.40 by a registered Heba Bill Ewaj deed dated 26.06.1984 and also transferred .68 decimal land to defendant Nos.21-27 by a Heba Bill Ew..Category: Property Law | Date: | Hits: 48
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