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AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....Code read with section 5(2) of the Prevention of Corruption Act, 1947. 5. Subsequently, the case record was sent to the learned Senior Special Judge, Dhaka who took cognizance of the offence and transferred the case to the Court of Divisional Special Judge, Dhaka for holding trial who on receip......es. 17. In Course of cross-examination, he deposed that Chairman is the highest post in BCIC and there are two separate departments in it namely Accounts and Finance. He further deposed that the deed of those two departments are be controlled by the Chairman. Thereafter, he deposed that he open..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

....ee others got succession certificate in Succession Case No.637 of 1997 and his heirs appointed Md. Kamrul Huda and Md. Shahidul Islam Khan as their attorneys and they having got permission from RAJUK transferred the suit land to 3rd party-respondent No.1 by a registered deed of sale dated 4-4-2010. ......ssion in the suit land. His case, in brief, is that Rafique Ahmed Khan got allotment of the suit land from Rajdhani Unnayan Karthipakkha (RAJUK) and accordingly, RAJUK executed and registered a lease deed dated 13-8-1969 and he got possession thereof. After death of Rafique Ahmed Khan, his heirs Jal..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ......000 by pay order. It is also asserted that said Abdul Jalil, the husband of the so called auc­tion purchaser, is a close door neighbour of the petitioner and is identified as the master of all misdeeds.   9. The respondents contested the Rule by filing affidavit-in-opposition and ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....sion of Supreme Court on PIL. In this case Supreme Court entertained a petition filed by some practicing lawyers challenging the constitutionality of the circular issued by the Law Minister regarding transfer of the High Court Judges and non-confirmation of the sitting Additional Judges of the High ......s politics in Bangladesh is also shared by the people in general. The three petitioners belonging to Amra Muktijyoddhar Santan as well as other children of the martyrs of liberation war deserve and indeed enjoy highly compassionate and respectful attention of the whole nation. None can afford to dem..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....ing the waqf property as Secular property and obtained an ex parte decree on 22-5-1984. Against this ex parte decree, plaintiff filed other class Suit No. 28 of 2000, which for valuation of the suit, transferred to the Court of Assistant Judge, 1st Court and renumbered as other class Suit No, 421 of......০৪ দাগ নং ১৭০৮ জমির পরিমাণ ৩.৪২৭৫ একর।” 3. It is the case of the plaintiff that the suit land is Waqf property, enlisted as per deed of 1 876, Sayadani Jobedatun Nessa Chowdhurani and by deed of 1890, Sayadani Tahurun Nessa Chow..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

....of Moulivi Basiruddin the suit property devolved on his heirs namely, one wife (plaintiff No.1) two daughters (plaintiff Nos. 2 and 3) and two sons (plaintiff Nos. 4 and 5). Plaintiff Nos.1, 2, and 3 transferred 2.01 acres of land out of 9.54 acres of twelve plots to defendant No.1 by executing and ......fendants would return the said property to the plaintiffs. Accordingly the parties went to execute and register necessary instru­ments on 19-2-1996 but defendant No.1 fraudu­lently prepared a deed of compromise (solenama) and got it registered showing only 0.86½ acres of land given to..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

.... 10,000    Total 30,000 that thereafter one of the sponsor shareholders, one Ms Farah Shafi transferred her entire shares in favour of the petitioner No.2 and the petitioner No.2 was inducted ......legal and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of ..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....8, 2013 Result: The Rule is made absolute Rule 6, the Regularisation and Seniority Fixation of Posts from Development Project to Revenue Budget, 2005 Rules clearly entitled an employee transferred from the development project to the revenue set up to enjoy salary, leave, pension and o......e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

.... force, no contract 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 been taken possession of the property or any part thereof; and (b) the bala......rescribed period of six months. In the instant case without compliance of such provision plaintiff-petitioner filed this suit for Specific Performance of Contract on the basis of unregistered deed of agreement and without payment of balance amount as required by law. So the court below and ..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....itioner and opposite party Nos.3 and 4 in the year 1972 vide Kabala Nos.33382 and 41296. This Mofezuddin died leaving behind the present petitioner and opposite party Nos.3 and 4. Opposite party No.3 transferred the case land to opposite parties 1 and 2 on 4-9-2008 vide Kabala No. 12014 of 2008 for ...... for rejection of the Miscellaneous Case. They also filed a written-objection, stating that, the owners of the case land had been owning and possessing their respective shares by virtue of registered deed of partition being No.8045 dated 10-8-1996. They got their names mutated and separated the Khat..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ....... The defendant Nos.1 and 2 thereafter, on 28-3-2006 threatened the plaintiff stating that they will dispossess the plaintiff from the suit land and claimed the suit land on the basis of the impugned deed. The defendant Nos.1 and 2 created the gift deed collusively in order to grab the suit land. Th..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......quire to submit additional writ­ten statements but if the same is done at this stage that will be cumbersome for all. 19. From the plaint and other materials on record it appears that by the deed of 13-11-1936 Fazlar Rahman and Ator Ali and their father had acquired 1.77 acres of land which..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

.... was executed in between the petitioner and the opposite-party No. 2 through her attorney on pay­ment of Taka 80 (eighty) lakhs by the petitioner to the opposite-party No.2 but eventually deed of transfer could not be executed by the opposite-party No. 2 therefore, the opposite-party No. 2 paid ......for sale was executed in between the petitioner and the opposite-party No. 2 through her attorney on pay­ment of Taka 80 (eighty) lakhs by the petitioner to the opposite-party No.2 but eventually deed of transfer could not be executed by the opposite-party No. 2 therefore, the opposite-party No...

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....d process against the petitioners and three others under sections 147/148/380/307 of the Penal Code. On the appearance of the petitioners in the court of Upazilla Magistrate, Chandpur the case was transferred to the court of learned trying Magistrate, Chandpur for disposal. 4. The learned ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ......nt) and paid Taka 50, 00000 (fifty lakh) out of the total consideration of Taka 90, 00000 (ninety lakh) in respect of the disputed premises but the plaintiff violating the terms and conditions of the deed of agreement refused to make the deed registered in favour of the defendants and thereafter, th..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....Chief Urban Planner, the Law Officer and the Principal Development Officer and the Principal Development Officer as its members to report, amongst others, whether the manpower of the project could be transferred to the revenue budget of DCC. On 10-12-2007, the committee submitted a report recommendi......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)

.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......an No.48 in his name; that said Harun Bepari published a public notice in the daily Ittefaq dated 07.01.1978 for selling the said land. Thereafter, the plaintiff purchased the said land by sub-kabala deed dated 23.01.1978 and acquired title in the “Ka” schedule land to the plaint, filled up the ..

Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....ldquo;Dishonesty” is the essential ingredient of the offence under section 409. In the instant case, admittedly, basic ingredients of contract i. e. offer, acceptance, passing of consideration, transfer of Frigate and commission of the Frigate in the Navy has been concluded satisfactorily. We ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....f the transaction. Under such circumstances, the defendant was required to negotiate with HBFC and intimate the plaintiff after such negotiation to arrange for the balance consideration for effective transfer of ownership of the property. The defendant without contacting the plaintiff for completing......65,00,000 (sixty five lakh) with the appellant (defendant) and paid an advance of Taka 15,00,000 (fifteen lakh) It was stipulated in the agreement that the defendant would execute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance con..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)

....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339.  ...... "Kodaldoha Kalibari by the Hindu Community" was; shown as the possessor. Subsequently, with a view to removing complication that might arise in future, Abinash Chandra Ghosh and others executed a deed of endowment on 01.09.1947 in favour of the 'Sree Sree Shashan Kalimata’. The local Hindu Co..

Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14