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National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......ged due to rain while the consignment was in the port-shed and also during transit from Chittagong to Dhaka the Garlic is perishable item and the entire stock need to be cleaned and resorted before sale to the market which was executed as Exhibit-21. He further stated that the plaintiff Bank infor......ough M/S Dilmus Trading Agency and transported the consignment to Dhaka by M/S Joni Transport & Trading and stored the same in the plaintiff's godown as pledge. 4. That the defendants executed deed of agreement and other documents in favour of the plaintiff; plaintiff made several reminder to..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....ed a deed of Heba-bil-Ewaz on 2-4-1986 at the local Sub Registry office and thereby transferred the suit land to the plaintiff. However the deed could not be presented for registration, because after execution of the deed the office was closed. Subsequently the grand mother Soleman Nessa became il...... In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional sense as in the case of a sale under the Transfer of Property Act, such consideration is termed as Ewaz (or return). This Ewaz......ecree dated 30-9-1990) passed by the learned Assistant Judge, Santhia, Pabna in Other Class Suit No.138 of 1986 decreeing the suit for performance of contract in respect of transfer of some land by a deed of Heba-bil-Ewaz. 3. Earlier a Rule was issued on the matter. 4. Facts relevant for dispo..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....upport of her case, has examined only herself as P.W.1 and exhibited a certified copy of the alleged "Kabinnama" as Ext.1 and an Affidavit as Ext.2. The defendant has stoutly denied the existence and execution of such a "Kabinnama" as well and that in the circumstances the plaintiff ought to have ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
.... Public Demand Recovery Act, 1913 “23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity.- (1) Where immovable property has been sold in execution of a certificate, the certificate holder, the certificate-debtor, or any person whose inte......hen Pakistan Government initiated the Certificate Case No.68370/60-61 due to non payment of rent by the original recorded tenant Sree Pulin Behari; that the defendant No.1 participated in the auction sale and on 01.08.1962 purchased the suit property by auction; that subsequently his sale was co......ed in the territory of District Bangaon within India; that in 1961 the father of the plaintiff decided to exchange his land with defendant Nos. 2-11 and delivered the possession, that on 14.09.1964 a deed of exchange was executed and registered by defendant Nos.2-11; that, subsequently the father of..Category: Procedural Law | Date: | Hits: 114
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....e property in auction the subsequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder bank prays so. In the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged pr......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....ule to the plaint was decided to be purchased by Dr. Abbas Ali in the name of his sons Amjad Ali, Basarat Ali, Akmal Ali along with defendant No.2 Danesh Ali. Defendant No.2 was authorized to arrange execution and registration of the sale deed who got the sale deed executed and registered in his nam......e purchased by Dr. Abbas Ali in the name of his sons Amjad Ali, Basarat Ali, Akmal Ali along with defendant No.2 Danesh Ali. Defendant No.2 was authorized to arrange execution and registration of the sale deed who got the sale deed executed and registered in his name alone. During S.A. operation Amj......chased by Dr. Abbas Ali in the name of his sons Amjad Ali, Basarat Ali, Akmal Ali along with defendant No.2 Danesh Ali. Defendant No.2 was authorized to arrange execution and registration of the sale deed who got the sale deed executed and registered in his name alone. During S.A. operation Amjad Al..Category: Procedural Law | Date: | Hits: 99
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....on (1) of section 426 of the Code of Criminal Procedure is as follows: "Pending any appeal by convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement,......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....ry or directory, it is the duty of the Court to get at the real intention of the legislature. . . Since there is no indication in the statute i.e. the Artha Rin Adalat Ain, 2003 about the fate of the execution case if it does not conclude within 90+60=150 days, the provision of section 37(1) of the ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....as also produced and exhibited and marked as exhibit-Kha. The plaintiff claimed the suit land measuring .660 azutangsha on the basis of deed which was executed and registered on 1.2.96 long after the execution of the deed of the defendant, the land which was purchased by the plaintiff from 3 daughte......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land……………………….(9) Whether a deed is genuine or not cannot be decided in a simple suit for permanent injunction. More over there ..Category: Civil Law | Date: | Hits: 94
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....d several decisions in support of his submission. Mr. Md. Lutfur Rahman Mondal, learned Advocate relied on the case of Saifur Rahman Vs. Haider Shah, 19 DLR (SC) 433 wherein on the question that when execution of a decree within 12 years was presented by resort to fraud upon Court, Supreme Court of ......i Miah and Joynal Abedin since 1966 in absence of the plaintiff? 7. Whether the title of defendant Nos.5-22 extinguished or title of defendant Nos.2-22 was extinguished by the certificate case and sale for rent? 8. Is the plaintiff entitled to get a decree that suit is not vested property? ...... property orally, he cannot assert that he got title by adverse possession as title by adverse possession is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against G..Category: Property Law | Date: | Hits: 83
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
.......2006. Government allotted .75 acres of property from Industrial Plot No.190 appertaining to C.S. Plot No.428 in favour of M/s. Chameli Glass Works on 16.5.1979 but Government could not execute lease deed in favour of M/s. Chameli Glass Works and, thereafter, on 16.3.2006 M/s. Chameli Glass Works de..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....y of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution by the Police so long………………………………….(5) The Code of Criminal P......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....e disputed Kabala, and discovered that the Kabala was the product of impersonation showing it to have been executed by Momtaz Begum who had died on 02.09.1978, that is, before the date of the alleged execution-cum-presentation for registration on 21.09.1978 and that Majibul Haque, the transferee was......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ...... dated 30-7-2006 and 12-8- 2006, for payment of Taka 5, 00,000 and 10, 00,000 Respectively, were issued in favor of the complainant- opposite party No. 1 as partial payment of consideration money for sale of the SA Apparel, a Garment Factory. The complainant opposite party No. 1, on receipt of chequ......ion. 4. Mr. SB Bhandary, the learned Advocate appearing on behalf of the accused-petitioner, submits that the basis of payment by issuing the two cheques involved in the criminal proceeding is the deed of agreement for sale of Garment Factory, which is yet to be complied with, So, money of the ch..Category: Procedural Law | Date: | Hits: 128
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....ar has no jurisdiction to register the document and registration if executed will be fraud. In a case of fraud, the question of limitation will run from the date of knowledge and not from the date of execution of the disputed document………………..(8) Cases Referred to- 28 DLR (AD) 5; A......sulted in miscarriage of justice. He submits that keeping aside two offices of Sub-Registrars at Bhederganj, within less than ½ mile, and at Kartikpur within 2½, miles of the suit land, the alleged sale deed was registered at a remote Sub-Registrar's office at Palong, which had no jurisdiction as ......tered at Palong Sub-Registry Office which is situated far away from the suit land and the Sub-Registrar has no jurisdiction to register the kabala of that property and the plaintiffs claimed that the deed was executed and registered by a fictitious person in the name of Abdul Majid Saial. The def..Category: Administrative Law | Date: | Hits: 452
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......ng the disputed land of the writ petition. It is stated that a total area of 662.0951 acres of land was finally acquired and published in the gazette notification under section 5(7) of said Act and a deed of transfer was made in favor of the requiring body on 17-6- 1971. It is admitted that a number..
Category: Property Law | Date: | Hits: 121
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......nder Original PS Keranigonj at present Tejgaon originality belonged to Abdul Quader. Said Abdul Quader sold out the entire property of the said CS Khatian No.4 to Babu Sarat Chandra Ghosh Ukil by a sale deed executed and registered on 11-1-1921 and 12-1-1921 respectively vide deed No.351 and obtai......Original PS Keranigonj at present Tejgaon originality belonged to Abdul Quader. Said Abdul Quader sold out the entire property of the said CS Khatian No.4 to Babu Sarat Chandra Ghosh Ukil by a sale deed executed and registered on 11-1-1921 and 12-1-1921 respectively vide deed No.351 and obtained p..Category: Procedural Law | Date: | Hits: 137
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....spondents while defending the High/Court Division's judgment contended that the very proceedings under Order IX, rule 13 C. P. C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the Court and possession of t......High/Court Division's judgment contended that the very proceedings under Order IX, rule 13 C. P. C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the Court and possession of the land was also delivered as ......Court Division's judgment contended that the very proceedings under Order IX, rule 13 C. P. C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the Court and possession of the land was also delivered as there..Category: Procedural Law | Date: | Hits: 133
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......ant party was the aggressor. 8. It appears from the documents filed by the parties that P.W.5 Chand Ali claimed 0.24 acre of land of disputed plot No.1545 with three huts on the basis of a deed of sale dated 10‑11‑84 marked as Ext. 5. On the other hand accused Ali Azam, Abdul Hye and his wife......e informant party was the aggressor. 8. It appears from the documents filed by the parties that P.W.5 Chand Ali claimed 0.24 acre of land of disputed plot No.1545 with three huts on the basis of a deed of sale dated 10‑11‑84 marked as Ext. 5. On the other hand accused Ali Azam, Abdul Hye and ..Category: Criminal Law | Date: | Hits: 75
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......evenue) Pirojpur in Rin shalishi Appeal No.356/91‑92 modifying the judgment and order dated 11‑11‑91 passed by Rin Shalishi Board, Bhandaria in Rin Shalishi Case No.905 of 1989 cancelling the sale deed No.2827 dated 4‑4‑1982. 2. Respondents 3‑6 filed an application under section 7 o......e) Pirojpur in Rin shalishi Appeal No.356/91‑92 modifying the judgment and order dated 11‑11‑91 passed by Rin Shalishi Board, Bhandaria in Rin Shalishi Case No.905 of 1989 cancelling the sale deed No.2827 dated 4‑4‑1982. 2. Respondents 3‑6 filed an application under section 7 of Ban..Category: Constitutional Law | Date: | Hits: 222
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