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Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ...... a C.R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the co..Category: Criminal Law | Date: | Hits: 107
....e judgment passed by the learned trial Court, it appears, the learned trial Court on consideration of the evidence and materials on record found that P.Ws. 1,2 and 3 corroborated each other regarding execution of the disputed deed by defendant No.1 and 2; that consideration money for the disputed ag......he suit has been filed beyond the period of 3 years which expired on 21.03.1977; that the plaintiff could not prove his offer and refusal by the defendants regarding execution and registration of the sale deed; that the evidence of P.Ws. 1, 2 and 3 is full of inconsistencies regarding execution of t......earned trial Court, it appears, the learned trial Court on consideration of the evidence and materials on record found that P.Ws. 1,2 and 3 corroborated each other regarding execution of the disputed deed by defendant No.1 and 2; that consideration money for the disputed agreement was paid by the pl..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......ur of Jogesh Chandra Halder, Umesh Chandra Halder, Satish Chandra Halder and Sharat Chandra Halder, the predecessors-in-interest to the plaintiffs and proforma defendants 16-20 by way of a registered sale deed No.5 dated 3.1.1928. After so transfer, they were possessing the land by paying rents to t...... Jogesh Chandra Halder, Umesh Chandra Halder, Satish Chandra Halder and Sharat Chandra Halder, the predecessors-in-interest to the plaintiffs and proforma defendants 16-20 by way of a registered sale deed No.5 dated 3.1.1928. After so transfer, they were possessing the land by paying rents to the Go..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
..../41. That suit was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realisation of that decretal amount. In that execution proceeding on the prayer of the decree-holder bank, the Artha Rin Adalat, passed the impug...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..Category: Civil Law | Date: | Hits: 69
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......34/1507, being area .01 had been suit property. c. Baluster of claim put forth by plaintiff was that he took settlement of suit tank plot No.596 from Maharaja of Tripura by way of registered Patta deed dated 9-4-1951 and got possession thereof. d. Suit was contested by First-Defendant-Govern..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....down death sentence to Lt. Colonel (Rtd) AbuTaher, Prisoner no 3621/A, in Mahammadpur P.S. Case no 8(6) 76, Special ML Case no 01/76, under section 121A of thePenal Code, on 17.07.1976 and that in execution of the saidsentence, Lt. Col. Abu Taher was hanged at 4.30 am on21.07.1976 in Dhaka Centra......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......t to witness the historic event due to the injury he sustained during the war, Flight Sergeant Abu Yusuf Khan, Bir Bikram, the spouse of the petitioner No. 3,represented Col. Taher on the occasion. Indeed, it was Ft. Sergeant Khan, who, along with the Indian Army went to the Eastern Command Head Qua..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ...... Piyush Kami Ghosh without looking at the description of the in the case title and the relief claimed in the suit. According to the plaintiff, the proprietary right in the suit lands vests in it by a deed of endowment which is a temple and it has the right to institute the suit to protect its proper..Category: Civil Law | Date: | Hits: 104
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... had done some mischief the complainant alleged that the accused person thus committed offences under section 161 and 467 of the Penal Code by taking illegal gratification and by creating a false deed. The complainant identified this document as bearing No. 195/98 dated 13-8-1998. 8. Upon rec..Category: Procedural Law | Date: | Hits: 92
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....enant in any manner, then Small Causes Court has jurisdiction to look into the matter but Small Causes Courts cannot restore to possession of any tenant dispossessed or thrown out of suit premises by execution of decree...................................(6) Cases Referred to- Abdul Khaleque Vs......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....roviso (1)- Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto: such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, 100 [want or failure] of consideration or mist......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......as contested by the defendant-respondent-petitioner by filing written statement and denying materials allegation in the plaint contending, inter alia, that the purchase of 0.30 decimals of land under deed No.766 dated 2.2.1937 as the exclusive purchases of the elder brother Mokdom Ali Sheik and acco..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......ka measuring a total area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purchased the same. While in possessio...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......nd the negotiating bank, it becomes an independent agreement between the two banks, neither the seller nor the buyer has any privity to that agreement. It is by nature a separate transaction from the sale agreement between the seller and the buyer. Consequently, the undertakings and obligation of a ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......or disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deeds dated 13.01.1974 allegedly given by the predecessor of the plaintiffs in favour of the defenda..
Category: Property Law | Date: | Hits: 66
.... decree dated 14.2.1999 in preliminary form and the final decree was drawn up and signed on 20.4.2000. The judgment debtors having failed to pay the decretal amount, the Bank on 14.3.2001 filed Title execution case no 24 of 2001 for execution of the decree and after promulgation of the Artha Rin Ada......dalat Ain 2003 the said execution case was renumbered as Artha Jari case No.488 of 2003 before the Artha Rin Adalat No.2 Dhaka.
4. During the execution proceeding 1st attempt was taken for auction sale of the mortgaged property under Section 33(1) of the Artha Rin Ain 2003 by publishing notice in......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....) before the learned Magistrate, Pabna on 09.07.1997 against the accused Nos. 1 to 3; that the civil suit No.92 of 1997 has been decreed ex parte in favour of the bank and thereafter the bank started execution case. It is further submitted that the accused No.1 Selim Khan for purpose of business too......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......, Pabna; that he gave a proposal for loan for purpose of his shoe business and thereafter with the agreement with the bank, he took C.C loan of Taka 1,50,000/= that after taking loan he made mortgage deed with the bank and that the accused person No.1 took the shop room in monthly rent basis from th..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ned order suffers from patent illegality and infirmity inasmuch as by passing an order of status quo which is in fact an order of injunction the appellant have been handicapped in proceeding with the execution case and this impugned order frustrated the decree of the Arthorin Adalat and these vital ...... compensation is linked with the immovable property of the respondents which have been mortgaged with the bank and if the bank is allowed to realize the amount by executing the decree through auction sale of his immovable property including the dwelling house of the respondents and at the end of the......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......n de-requisitioned 0.73 acres of land. On 9-10- 1985 the said land was given in possession of Abul Hossain. Noor Hossain, son of late Abul Hossain, transferred 0.035 acres of land to Mofizul Islam by sale deed dated 8-2-1986 and gifted 0.05 acres of land in favor of his wife, Karimunnessa. The heirs......requisitioned 0.73 acres of land. On 9-10- 1985 the said land was given in possession of Abul Hossain. Noor Hossain, son of late Abul Hossain, transferred 0.035 acres of land to Mofizul Islam by sale deed dated 8-2-1986 and gifted 0.05 acres of land in favor of his wife, Karimunnessa. The heirs of A..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....at the disputed deed is a void one. 8. On perusal, it appears, the learned trial Court held that the plaintiff as P.W. 1 deposed in the case and his present age is 40 years, his age at the time of execution of the disputed deed dated 17-2- 1973 was 13 years and that the plaintiff attained the maj......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......i Chandra Roy was a minor who is the plaintiff of the instant suit and that when the plaintiff has been living separately then his other 3 brothers transferred the 18 decimals of land on 17-2-73 by 4 deeds to the defendant Nos.1-4; that the plaintiffs name was shown in the serial number 4 of the sai..Category: Procedural Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......overnment o6 the one hand and Mohammad Moinuddin on the other hand. MA Quasim, Mohammed Moinuddin and his wife Mrs. Jamil Akhter in whose benami, it is alleged, MA Quasim entered into the contract of sale with Md. Moinuddin, filed a Writ Petition in this Court being Writ Petition No.393 of 1979 chal......to this writ petition are, that one Mohammad Moinuddin happened to have taken lease of the disputed house from the erstwhile Government of Pakistan for a period of 99 years on the strength of a lease deed executed and registered by him and also by the Government dated 15-9-62 and the said Mohammad M..Category: Property Law | Date: | Hits: 77
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......, Road No.22, Dhanmondi R/A, Dhaka. While she was abroad (in Iran) for about 7 years the petitioner taking advantage of her absence from Bangladesh, created a false Bainapatra, showing a contract for sale of the said house worth seven lakh taka, for a sum of Taka 25,000.00 only by the opposite party......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
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