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Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....Amendment) Acts 1998 (Acts Nos.9, 10 and 11 of 1998) in that certain provisions of these Acts and the amendments introduced brought by them have affected his right of franchise, right to purchase and transfer property and the right to contest various elected posts. The Petitioner is further aggrieve......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)
....er, specific performance of a contract may be enforced against (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, exception a transferee for value who has paid his money in good faith and without of the original contract; (......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)
.... No.8553. It is the further case of the petitioner that thereafter the opposite party No.1 (bank) rectified the sale deed dated 19.8.2009 by another registered deed dated 15.4.2010 being deed No.5085 transferring the petitioner's homestead. It is the further case of the petitioner that the Propert......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
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....der section 138 of the Negotiable Instruments Act, 1881. 4. Thereafter the accused petitioner voluntarily surrendered before the Chief Judicial Magistrate and got bail. Subsequently the case was transferred before the Sessions Judge, Rangpur for trial and the accused petitioner got bail by the ......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)
....uance of suspension of Notification of Award and so no contract agreement was executed. So apparently the procurement contract is not "in force" and the notification of award is nothing but a paper transfer. Above findings follow that the decision of the procuring entity being violative of norm......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)
....n police submitted charge sheet against the four accused persons under sections 394/302/411 of the Penal Code. In due course the case was sent to the Sessions Judge, Bogra Who after taking cognisance transferred it to the Court of Additional Sessions Judge, Court for trial. The trial Court framed tw......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
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....against the condemned prisoner including the convict appellants and another under section 302/34 of the Penal Code. Consequently the case record was transmitted to the Court of the Sessions Judge who transferred the same to the Court of the Additional Sessions judge who after holding trial convicted......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..Category: Criminal Law | Date: | Hits: 94
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
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....tion being admitted for hearing on 31.8.2006, this Court was put on notice of the Petitioner's apprehension in the facts and circumstances of this case that they would be excluded from the process of transfer/allotment/sale of the floor space on three floors of the structure already built by the Con......-Opposition is also the fact that the revised audit reports were necessary to rectify errors and omissions contained in the initial and original Audit Reports and that these revised reports shall indeed duly be placed before the company in AGM. The Counter-Affidavit on behalf of the Respondent Nos..Category: Company Law | Date: | Hits: 177
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....intained by the Chittagong Port Authority. Upon examining exhibit-3 the surveyor's report and the Exhibit-D, the tally sheet maintained by the Chittagong Port Authority it appears that at the time of transfer of the container from the vessel to the ground of the port, there was no hole in the contai...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....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 the suit land by constructing dw......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
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
.... the case are as follows:- The Predecessor of the opposite parties No.1 to 3, as plaintiff instituted the Title Suit No. 206 of 1974 in the Second Court of Munsiff, Dhaka, which subsequently being transferred to the court of Munsiff, Gazipur was re-numbered as Title Suit No.620 of 1981, against t......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....5,61,256.18 as on 1/4/1996 the lending bank filed a suit No.35 of 1996 renumbered as Title Suit No.261 of 1998 in the court of Artha Rin Adalat No.4, Dhaka for realisation of the said loan amount. On transfer this suit to the Artha Rin Adalat No.1 Dhaka it was decreed ex parte on 21.03.1999. Thereaf......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
....corded tenant of the suit land measuring 22 decimals appertains to C.S. Plot No.51 and according to amicable arrangement Ala Boksh, Didar Boksh and 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 in......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)
....ng, inter alia, that the suit property is urban property and that the Land Reforms Ordinance of 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with the view to maximizing production and ensuring a better relationship between land ow...... "(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)
....ructed the building thereon by taking loan from the House Building Finance Corporation vide Loan Case No.HBD‑2184 of 1964. The lessee was given permission on 10‑5‑75 by the Ministry of Works to transfer the property to the respondent No.2 and the father of respondent No.3. Thereafter on 15‑5...... 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
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....e was also sonless Subhadra obtained a patta with respect to the suit land from her mother. The patta is a collusive document and without consideration and there was no legal necessity for Jatri to transfer the same to Shubhadra. As the same patta has clouded the title of the plaintiff, the plaint......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....t of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, u......aid Full Bench case. But as the plaintiff is an employee belonging to a class apart from the Local Council Service he is not entitled to the benefit of the decision of the Full Bench case. 21. Indeed, there is no escape from the conclusion that the decision relied upon by Mr. B.B. Roy Choudhury..Category: Employment/Service Law | Date: | Hits: 120
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
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