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State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....2, 35,284.00 which remained outstanding, and that BGMEA had, by a pay order under cover of a letter dated 21st October 2010, had cleared the same and that BGMEA has, ever since, been pursuing for the execution of a registered deed of conveyance in its favour, the last such request being on January 2......ame of his predecessor, it he is the owner of the property by inheritance, appears in respect of the property in the latest khatian prepared under the State Acquisition and Tenancy Act, 1950, and any sale made otherwise shall be void.” অধিকন্ত বিষয়টি রেজিষ...... No.105 and the building has been constructed on .63 acres of land on dags No.208 and 209, leaving 2.41 katha on the northern side vacant, which is contiguous to the land in CS dag No.105, which is indeed Begunbari Canal. BGMEA has erected no structure on that land. As per RAJUK’s desire, BGMEA is..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....nce or waiver. It is stated in Paragraph-9 of this judgment that- "Evidence led by the respondents purchasers is that the pre-emptor went to the Sub-registrar's office and put up resistance to the execution of the two Kablas. Further evidence is that at the intervention of the scribe, the preempt......; that the purchasers in collusion with seller Opposite Party No.9 and without any knowledge of the pre-emptors and without issuing co-sharer notices upon the pre-emptor on 28.8.1995 has created this sale deed. The seller Opposite Party Nos.9 and pre-emptor No.2 i.e. predecessor of Opposite Party No......t the purchasers in collusion with seller Opposite Party No.9 and without any knowledge of the pre-emptors and without issuing co-sharer notices upon the pre-emptor on 28.8.1995 has created this sale deed. The seller Opposite Party Nos.9 and pre-emptor No.2 i.e. predecessor of Opposite Party Nos.1-8..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......filed Miscellaneous Case No.26 of 2003 as per provision of President Order 7 of 1973 read with Act XVIII of 1952 in the Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to realize Taka 2,17,2......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......s earlier view to the following effect, "In the case before us, the situation is totally different. Unlike the case of Hukumchand Vs. Bansilal where there was a statutory compulsion to confirm the sale on the dismissal of the application under Order XXI, rule 90 and, therefore, postponement and f......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
..... Mr. Goswami, the learned Advocate submits further that the Artha Rin Adalat issued certificate under section 33(7) of the Ain, 2003 in favour of the decree holder bank without putting the decree in execution as per Chapter VI of the Ain, 2003. The plaintiff bank did not even file any applicatio......stances of the instant case. Because on that case the defendant of a Artha Rin suit, filed an application under section 12(2) and 57 of the Ain, 2003 praying for direction upon the plaintiff bank for sale of the pledge goods and to adjust the claim amount with the sale proceeds of the pledge goods a......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 254
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......S. Khatian and Sarat Chandra died leaving behind two sons Haridas and Krishna Kanto and thereafter Basanta Kumar and his two brothers purchased the share of Krishna Kanto, and Haridas by a registered sale deed dated 17.6.68 and the suit property in schedule No.2, Plot No.715 within an area of 20 dec......atian and Sarat Chandra died leaving behind two sons Haridas and Krishna Kanto and thereafter Basanta Kumar and his two brothers purchased the share of Krishna Kanto, and Haridas by a registered sale deed dated 17.6.68 and the suit property in schedule No.2, Plot No.715 within an area of 20 decimal ..Category: Property Law | Date: | Hits: 155
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....-9-85 and took several adjournments for filing Written Statements ('WS' for short) but ultimately did not file any. Finally, the petitioners got a compromise decree on 28-11-99. The decree was put to execution in Execution Case No.31(G)/2000 in the Court of Subordinate Judge Artha Rin Adalat, 3, Dha......0.70 acre of the disputed CS plot 40 by amalnama and dakhila. This claim of the said defendants on the basis of amalnama/dakhila is false as those documents are forged. Rashik Lal or Mohadev had no saleable/transferable rights in the suit land. Said suit is still pending. 12. In the first part ......ing in favour of the Government and other private defendants who are admittedly in possession of the suit land for decades by virtue of their continuous possession and title documents like registered deeds. A piece of private dakhila allegedly issued by an erstwhile Zamindar in 1944 can hardly, if e..Category: Property Law | Date: | Hits: 149
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....e Bank employees, defendants 2-3. Since the defendants 1-3 did not appear in the Money Suit, the same was decreed ex parte with costs on 7-7-1997. Thereafter, the decree holder-Bank put the decree in execution by filing Money Execution Case No.2 of 2002 in the Court of the Joint District Judge, Firs...... decree holder-Bank put the decree in execution by filing Money Execution Case No.2 of 2002 in the Court of the Joint District Judge, First Court, Chittagong and on 7-8-2004, it was fixed for auction sale of the Judgment debtor's property by an Order dated 23-6-2004. During pendency of the execution...... possession of the said 3rd party members. It requires to be seen whether inheritance by a son from father can be legally nullified by execution of Notarized 'Wasiatnama". Moreover, execution of such deed is also required to be proved. Neither deposition of any witness was recorded nor the alleged d..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....ok oral settlement of the disputed land from the original owner piece by piece and gradually the entire land and he subsequently also purchased the entire proceeding land in an auction sale held in execution of the decree passed in T.S. No.224 of 1960 and took confirmation of possession through ...... that they took oral settlement of the disputed land from the original owner piece by piece and gradually the entire land and he subsequently also purchased the entire proceeding land in an auction sale held in execution of the decree passed in T.S. No.224 of 1960 and took confirmation of posses......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....njunction till the hearing of the temporary injunction matter to the same effect was also issued. The Process-Server and the Advocate commissioner reported on 27-1-81 that they were obstructed in the execution of their writs, whereupon, on the prayer of the plaintiff, an order of attachment before J....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
...... disposal of the Rule are that the petitioner was holding a customs bonded warehouse licence issued by the Collector of Customs, Customs House at Dhaka for carrying on the business of importation and sale of specified items to the diplomats and other privileged persons through his bonded warehouse l......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ...... in 29 DLR (SC) 185 it has been held that: "An individual share-holder has no proprietary interest in the Company's property and its interests in his shareholding is not directly affected by the sale of the property-Right of action in case of loss of property belong to the board of directors, o......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......we do not consider this unsigned naraji petition as a petition in the eye of law. We also find that the learned Magistrate did not examine the person who is said to have filed this naraji petition. Indeed, the question to examine the person who filed this unsigned 'naraji petition' does not arise. H..Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....y the plaint (Annexure-F) carefully. 6. The moot question that calls for consideration in this petition is whether mandatory implication of section 28 of Ain 2003 in respect of limitation in execution case can also be applied in section 46 of Ain that deals with the limitation in filing the......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....gment and decree dated 15-2-2005 decreed the suit on contest against the defendant No. 6 Bashirullah (herein petitioner) and expert against others. 4. The decree holder bank then put the decree in execution in Artha Rin Execution Case No. 28 of 2005. As the mortgaged property was delivered into t......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......xchange their properties and accordingly Rasharaj exchanged his 9.07 acres of land with the property of Abdul Kader situated in India comprising an area of 7.63 acres of land by a registered exchange deed dated 30.08.1963; that Abdul Kader had been owning and possessing the land acquired by exchange..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......tion by the trial Court. The gross omission made by the appellate Court is in respect of the clear findings by the trial Court about the deed of agreement for reconveyance and the subsequent deeds of sale as genuine. This goes to the root of the merit of the case. Since no relief could be granted to......great Alem; he was the Khalifa of Sonakanda Darbar who had many disciples; the plaintiffs predecessor Badsha Mia was also a Murid of defendant No.2 and sold the land to defendant No.2 by a registered deed No.6699 dated 25.11.68 and on the same date executed a registered compensation deed No.6700. Co..Category: Property Law | Date: | Hits: 112
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......xure-3 to the supplementary affidavit in opposition of respondent No.8 that the vessel was also previously known as New Atlantia. It always bore the same IMO No.7709136. This is also reflected in the sale document of the vessel, an agreement dated 23.07.2008 between M/S Yalumba Inc and Madina Enterp......he survey of the vessel, which ultimately led to the cancellation of the NOC to be withdrawn. It is clear from the annexures of respondent No.8 that the New Atlantia, and hence MT Enterprise, was indeed in the Greenpeace list of vessels having hazardous materials on board. We note from Annexure-V ..Category: Environmental Law | Date: | Hits: 688
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ...... Faruk Reza claims that he acquired the land of C.S. Plot No.8 appertaining to Khatian No.3841 of Mouza Sutrapur under Dhaka Collectorate by way of purchase from Al-haj Alimullah by 2(two) registered deeds being No.11739 and 18178 dated 21.06.1997. Petitioner got his name mutated in the Government R..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....and not with foreign arbitration proceeding. It means that once an arbitration proceeding in a foreign country is completed, the arbitral award, on an application by any party will be enforced by execution by a Court, of this country under the Civil Procedure Code, in the same manner as if it we....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
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