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Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....uated in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was originally owner of the property and after the death of the father he and his other co-sharers inherited the same along with......upreme Court High Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rahman and others………………………Petitioner Vs. Syeedul Haque Chowdhury………………..Category: Procedural Law | Date: | Hits: 78
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....that: "Even in the case of Order VI, rules 14 and 15, CPC there is ample authority for the view that signing and verification of plaints are mere matters of procedure, and even if a plaint is not property signed and verified, but it is admitted and entered in the register of suit, it does not ce......531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....bly payable by the husband to the wife. In section 285 of the Mohammadan Law as authored by Md. Hidayatullah, dower has been defined which is worded as follows: "Mohr of dower is a sum of money or property which the wife is entitled to receive from husband in consideration of marriage (See Abdul ......ment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part the..Category: Family Law | Date: | Hits: 122
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....title on imperfect document The plaintiff basic title deed is an unregistered deed of gift. But since the plaintiff's have been successful in proving that they exclusively possessed the suit property for over 12 years on the basis of this imperfect document and kept the defendants out of po......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Rakibuddin Talukder......................Petitioner Vs. Government of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The..Category: Property Law | Date: | Hits: 76
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....sult: The rule is discharged. The Penal Code, 1860 (XLV of 1860), section 405 To bring any person within the mischief of section 406 of the Penal Code, 1860, there must be "entrustment with property" or 'dominion over property' of other person. But such 'entrustment with property' or 'domi......lice Station Case No.9(1)2002 under section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper..Category: Criminal Law | Date: | Hits: 116
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....,05,888/- and the said suit was registered as Artha Rin Suit No.423 of 2004. 3. The suit was decreed ex-parte in the year 2004 followed by Artha Execution Case No.87 of 2005. In the Execution Case property was sold in auction on 7-3-2007. The Bank then filed second Execution Case No.195 of 2007 (......ourt High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Osarunnessa………………………..Petitioner Vs. Bangladesh and others………………………Respondents Judgment March 12, 2012. Result: The Ru..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in the petition so filed before the Minister there was also prayer for appointment of receiver in respect of the property of the Waqf Estate till finalisation of the proceeding as to the removal of the petitioner ......ivision (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. R..Category: Trust/Waqf Law | Date: | Hits: 85
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....t No.309 of 2004 wherein the ground pressed by the petitioner is the ground of adverse possession. Raising the question of adverse possession the petitioner in that suit challenged the legality and property of the original decree and the Trial Court rejected the plaint. 10. The petitioner the......r at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....absolute. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of two situations. First, if the property is needed. Or, if the property ......ourt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nazrul Islam (Md.)………………………Petitioner Vs. Bangladesh and others………………………………Respondents Judgment April 25, 2007. Result:..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....e submits that if the opposite party is to get any amount from the petitioner, the former can file a civil suit for recovery of the dues. He further submits that since there was no entrustment of any property with the accused petitioner it will be harassment of the petitioner and an abuse of the pro......k. 3,89,743/- was paid to the owners of the other fisheries, the accused petitioner did not pay any amount to the complainant opposite party. It is alleged that the accused petitioner took time again and again for payment of the dues of the complainant but at last refused to pay him any amount. ..Category: Civil Law | Date: | Hits: 144
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......enior Advocate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.39..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ears that the suit was for realisation of Taka 16,60,230.53 standing as on 30-9-1998 with interest 20% till realisation. It was also for realisation of that amount by selling pledged and hypothecated property. The preliminary decree and final decree (Annexures-E and F to the writ petition) also show......Bank & others……………………………Respondents Judgment September 16, 2007. Result: The Rule is made absolute in part. Cases Referred to- Abbasuddin Chowdhury Vs. Chandra Mohan Chowdhury, 18 DLR 535; Sahara Khatun Vs. Abdul Gafur @ Abdul Gaffer, 55 DLR (AD) 79; Abd..Category: Civil Law | Date: | Hits: 136
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
.... provision of section 9 of the Specific Relief Act which reads as follows:- "9. Suit by Person Dispossessed of Immoveable Property.- If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit rec......y Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court ..Category: Civil Law | Date: | Hits: 114
Category: Civil Law | Date: | Hits: 103
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....Artha Rin Adalat Ain, 2003 were not complied with. 4. Mr. Asad Hossain Chowdhury, the learned advocate appearing for the respondent No.1 has submitted that attempts were made to sell the mortgaged property in auction and since those attempts could not be successful for non-coming of any bidder th......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)
....fendant-petitioner Abdur Razzak as plaintiff laid a suit being Title Suit No.136 of 1959 in the First Court of Munsif at Comilla seeking following reliefs: i. Declaration of Rayati title on suit property described in second schedule to plaint and, also, for confirmation of possession therein. ...... Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a disput..Category: Property Law | Date: | Hits: 69
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary of the plaintiff died on 25th March ...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
..... 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the property mortgaged with the plaintiff Bank. 3. Plaint case, in short, is that plaintiff-bank on 3......urt High Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J Md. Ashfaqul Islam J Agrani Bank……………………Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Res..Category: Civil Law | Date: | Hits: 95
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....body of the Code as relates to- (i) suits excepted from the cognizance of a Court of Small Causes; (ii) the execution of decrees in such suits; (iii) The execution of decrees against immovable property; and (b) the following sections, that is to say,- Section 9. Section 91 and 92, ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Rezia Sultan & another………………Petitioners Vs. Md. Haroon Malik and another…………………Opposite Parties Judgment March 31, 2011. Result: The ru..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eged to have supplied materials for manufacturing explosive substances with the knowledge that explosive substances were to be manufactured with intent to endanger life or cause serious injury to the property in British India JAI LAL, J. held: Section 6, Explosive Substances Act of 1908, provides......: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83